In Re: Michael Grafmuller, No. 15-2201 (4th Cir. 2016)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2201 In re: MICHAEL P. GRAFMULLER, Petitioner. On Petition for Writ of Prohibition. (2:13-cv-00050-RAJ-DEM) Submitted: February 23, 2016 Decided: February 25, 2016 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Michael P. Grafmuller, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael P. Grafmuller petitions for a writ of prohibition seeking an order vacating his military convictions. ∗ prohibition “is a drastic and extraordinary A writ of remedy” that is available only when the petitioner has a clear and indisputable right to the relief sought. (10th Cir. 1983). In re Vargas, 723 F.2d 1461, 1468 A writ of prohibition may not be used as a substitute for appeal. Id. We have reviewed the petition and conclude that Grafmuller has not made the requisite showing for issuance of the writ. Accordingly, although we grant leave to proceed pauperis, we deny the writ of prohibition. oral argument adequately because presented in the the facts and materials legal before in forma We dispense with contentions this court are and argument would not aid the decisional process. PETITION DENIED ∗ To the extent that Grafmuller also seeks the dismissal of his appeal of the district court’s order denying his Fed. R. Civ. P. 60(b) motion, this court has already affirmed the district court’s order, rendering the issue moot. See Grafmuller v. Wegner, No. 15-7268, 2016 WL 233184 (4th Cir. Jan. 20, 2016) (unpublished). 2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.