In re: Richard Martin
In re: Richard Martin
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-1754
In re: RICHARD B. MARTIN, JR.,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: January 19, 2021 Decided: January 26, 2021
Before KING and THACKER, Circuit Judges, and SHEDD, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Richard B. Martin, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Richard B. Martin, Jr., petitions for a writ of mandamus seeking an order directing
the U.S. Marshals Service (USMS) to provide him specified protections. We conclude that
we lack authority to grant Martin’s requested mandamus relief.
Mandamus relief is a drastic remedy and should be used only in extraordinary
circumstances. Cheney v. U.S. Dist. Ct.,
542 U.S. 367, 380(2004); In re Murphy-Brown,
LLC,
907 F.3d 788, 795(4th Cir. 2018). Further, mandamus relief is available only when
the petitioner has a clear right to the relief sought. Murphy-Brown,
907 F.3d at 795. This
court’s authority to issue a writ of mandamus “is only incidental to and in aid of [its]
appellate jurisdiction, which Congress has given it over district courts, and administrative
boards and agencies.” Gurley v. Superior Ct. of Mecklenburg Cnty.,
411 F.2d 586, 587(4th Cir. 1969) (per curiam) (citations omitted).
This Court lacks mandamus jurisdiction to order the USMS to provide the
protections Martin requests. Accordingly, we deny the petition for writ of mandamus. We
deny Martin’s motions to seal, for any and all additional relief, for exemption from violated
court rules, and for full judicial disclosure. We dispense with oral argument because the
facts and legal contentions are adequately presented in the materials before this court and
argument would not aid the decisional process.
PETITION DENIED
2
Reference
- Status
- Unpublished