In Re: Nicholas Queen, Sr., No. 12-1924 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1924 In Re: NICHOLAS JAMES QUEEN, SR., Petitioner. On Petition for Writ of Mandamus. (1:93-cr-00366-WMN-1) Submitted: October 16, 2012 Decided: October 31, 2012 Before WILKINSON, MOTZ, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Nicholas James Queen, Sr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nicholas Queen, Sr., petitions for a writ of mandamus, seeking an order directing the district court to examine its exercise of jurisdiction in a criminal case against him. We deny the petition. Mandamus is a drastic extraordinary circumstances. remedy to be used only in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). Queen mandamus has relief. failed to demonstrate Accordingly, although entitlement grant we to to leave proceed in forma pauperis, we deny the petition for writ of mandamus. legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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