In Re: Sean Dudley, No. 10-2369 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2369 In Re: SEAN LAMONT DUDLEY, a/k/a John D. Brown, Petitioner. On Petition for Writ of Mandamus. Submitted: March 31, 2011 (5:97-cr-00001-RLV-1) Decided: April 4, 2011 Before NIEMEYER, SHEDD, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Sean Lamont Dudley, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sean Lamont Dudley has petitioned this court for a writ of mandamus. In his petition, Dudley asks this court to order the district court to establish that it had authority to accept his (requiring guilty a plea district under court Fed. to R. Crim. determine factual basis for a guilty plea). P. whether 11(b)(3) there is a To obtain mandamus relief, a petitioner must show that: (1) he has a clear and indisputable right to the relief sought; (2) the responding party has a clear duty to do the specific act requested; (3) the act requested is an official act or duty; (4) there are no other adequate means to attain the relief he desires; and (5) the issuance of the writ will effect right and justice in the circumstances. In re Braxton, quotation 258 marks F.3d and 250, 261 Cir. omitted). citation (4th We 2001) have (internal considered Dudley s petition and conclude that Dudley is not entitled to mandamus relief. Accordingly, we deny Dudley s motion for leave to proceed in forma pauperis and deny the mandamus petition. dispense with contentions before the oral are court argument because adequately and the presented argument would not facts and We legal in the materials aid the decisional process. PETITION DENIED 2
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