In Re: Nicholas Queen, No. 16-1820 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1820 In Re: NICHOLAS JAMES QUEEN, Petitioner. On Petition for Writ of Mandamus. (1:93-cr-00366-WMN-1) Submitted: November 14, 2016 Decided: November 16, 2016 Before WILKINSON, MOTZ, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Nicholas James Queen, 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 Unpublished opinions are not binding precedent in this circuit.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 precluding the district court from exercising jurisdiction in a criminal matter and canceling all orders and judgments against him. Mandamus is a We deny the petition. 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.3d 135, 138 (4th Cir. 1988). Queen relief. has failed demonstrate We argument grant because leave the to mandamus forma pauperis, we deny the petition for a writ of mandamus. oral we to in with although entitlement proceed dispense Accordingly, to facts and legal contentions are adequately presented in the material before the court and argument would not aid the decisional process. PETITION DENIED 2

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