In re Hammitt
In re Hammitt
Opinion of the Court
Randy Lee Hammitt and Sandra Marie Hammitt petition for a writ of prohibition, seeking an order preventing the district court from enforcing a civil forfeiture order.
A writ of prohibition is a drastic remedy that is available only when the petitioner has a clear right to the relief sought. See In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983). A writ of prohibition may not be used as a substitute for appeal. See In re Missouri, 664 F.2d 178, 180 (8th Cir. 1981).
Because the Hammitts do not have a clear right to the relief they seek, and because they may appeal any final adverse judgment in the district court proceeding,
PETITION DENIED
Case-law data current through December 31, 2025. Source: CourtListener bulk data.