In Re: Elisha Riggleman, No. 12-2446 (4th Cir. 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 22, 2013.
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2446 In re: ELISHA RIGGLEMAN, Petitioner. On Petition for a Writ of Prohibition. (5:11-cr-00124-1) Submitted: January 17, 2012 Decided: January 22, 2013 Before GREGORY, SHEDD, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Elisha Riggleman, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Elisha Riggleman petitions for a writ of prohibition seeking an order directing that his criminal case be dismissed. Riggleman is not entitled to such relief. A writ of prohibition is a drastic and extraordinary remedy which should be granted only when the petitioner has shown his right to the writ to be clear and undisputable and that the actions of the court were a clear abuse of discretion. In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983). A writ appeal. of prohibition may not be used as a substitute for Id. Riggleman has not shown any basis for the relief he seeks. Accordingly, although we grant leave to proceed in forma pauperis, we deny the writ of prohibition. oral argument adequately because presented in the the facts and materials We dispense with legal before contentions the court are and argument would not aid the decisional process. PETITION DENIED 2
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