U.S. Court of Appeals for the Fourth Circuit, 2021

In re: Brandon Jennings

In re: Brandon Jennings
U.S. Court of Appeals for the Fourth Circuit · Decided October 5, 2021

In re: Brandon Jennings

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1440

In re: BRANDON MARQUIS JENNINGS, a/k/a Smilez, a/k/a Smilez Finesse, a/k/a Beezy, Mustafa Bey, Petitioner.

On Petition for Writ of Mandamus. (5:18-cr-00318-FL-1)

Submitted: September 9, 2021 Decided: October 5, 2021

Before MOTZ, KING, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Brandon Marquis Jennings, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Brandon Marquis Jennings petitions for a writ of mandamus seeking an order compelling the district court to send him a judicial misconduct complaint form. We conclude that Jennings is not entitled to 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.

We conclude that Jennings is not entitled to mandamus relief. Accordingly, we deny Jennings’ motion for a preliminary injunction and temporary restraining order and deny the petition for writ of mandamus. 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

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