U.S. Court of Appeals for the Fourth Circuit, 2016

In Re: Nicholas Queen v.

In Re: Nicholas Queen v.
U.S. Court of Appeals for the Fourth Circuit · Decided November 16, 2016 · Wilkinson, Motz, Thacker
670 F. App'x 185

In Re: Nicholas Queen v.

Opinion

Unpublished opinions are not binding precedent in this circuit.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. We deny the petition.

Mandamus is a drastic remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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.2d 135,138 (4th Cir. 1988).

Queen has failed to demonstrate entitlement to mandamus relief. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for a writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the material before the court and argument would not aid the decisional process.

PETITION DENIED

Case-law data current through December 31, 2025. Source: CourtListener bulk data.