In Re: Nicholas Queen, No. 13-2009 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2009 In re: NICHOLAS JAMES QUEEN, SR. Petitioner. On Petition for Writ of Mandamus (No. 1:93-cr-00366-WMN-1) Submitted: November 4, 2013 Decided: November 7, 2013 Before WILKINSON, MOTZ, and AGEE, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Nicholas James Queen, Sr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nicholas James Queen petitions for a writ of mandamus, seeking an order vacating his criminal judgment and commitment order. We deny leave to proceed in forma pauperis and dismiss 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 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). The relief sought by Queen is unavailable by way of mandamus. Accordingly, we deny leave to pauperis and dismiss the mandamus petition. oral argument adequately because presented in the the facts and materials proceed in forma We dispense with legal before contentions the court are and argument would not aid the decisional process. DISMISSED 2

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