UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-2446

In re: ELISHA RIGGLEMAN,

Petitioner.

On Petition for a Writ of Prohibition. (5:11-cr-00124-1)

Submitted: January 17, 2012 Decided: January 22, 2013

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Elisha Riggleman, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Elisha Riggleman petitions for a writ of prohibition

seeking an order directing that his criminal case be dismissed.

Riggleman is not entitled to such relief.

A writ of prohibition “is a drastic and extraordinary

remedy which should be granted only when the petitioner has

shown his right to the writ to be clear and undisputable and

that the actions of the court were a clear abuse of

discretion.” In re Vargas,

(10th Cir. 1983).

A writ of prohibition may not be used as a substitute for

appeal.

Riggleman has not shown any basis for the relief he

seeks. Accordingly, although we grant leave to proceed in forma

pauperis, we deny the writ of prohibition. We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before the court and

argument would not aid the decisional process.

PETITION DENIED

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