In Re: Lennell Dyches, No. 13-1749 (4th Cir. 2013)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1749 In re: LENNELL DYCHES, Petitioner. On Petition for Writ of Mandamus. (8:06-cr-00136-JFA-1) Submitted: September 24, 2013 Before NIEMEYER and Senior Circuit Judge. THACKER, Decided: Circuit September 26, 2013 Judges, and HAMILTON, Petition denied by unpublished per curiam opinion. Lennell Dyches, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lennell Dyches petitions for a writ of mandamus, asking that this court order an evidentiary hearing and vacate his criminal judgment because he asserts that the district court judge who presided over his criminal matter was biased against him and had a pecuniary interest in his case. moved to proceed in forma pauperis. Dyches has also We conclude that Dyches is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 394, 509, 402 516-17 available only clear right to the relief sought. Kerr (1976); (4th the 2003). States States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). used as a substitute for appeal. United United Cir. when v. Mandamus may not be In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). Dyches has not established that he is entitled to mandamus relief. Accordingly, although we grant Dyches application to proceed in forma pauperis, we deny the mandamus petition. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.