In Re: Elisha Riggleman

U.S. Court of Appeals for the Fourth Circuit February 14, 2013

Opinion

Filed: February 14, 2013

No. 12-2446 (5:11-cr-00124-1)

Petitioner.

The Court amends its opinion filed January 22, 2013,

as follows:

On the cover sheet, the “Submitted” date is corrected

to read “January 17, 2013.”

For the Court – By Direction

/s/ Patricia S. Connor Clerk UNPUBLISHED

No. 12-2446

Petitioner.

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

Submitted: January 17, 2013 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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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.