In re: LeAnthony Winston
In re: LeAnthony Winston
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-1785
In re: LEANTHONY WINSTON, a/k/a Locks, a/k/a Lee Lee,
Petitioner.
On Petition for Writ of Mandamus (No. 2:20-cr-00108-RGD-DEM-1)
Submitted: October 19, 2021 Decided: November 2, 2021
Before AGEE, WYNN, and RICHARDSON, Circuit Judges.
Petition denied by unpublished per curiam opinion.
LeAnthony Winston, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
LeAnthony Winston petitions for a writ of mandamus seeking an order directing the
district court to dismiss the indictments in his criminal case. We conclude that Winston 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 and “has no other adequate means to
attain the relief [he] desires.” Murphy-Brown,
907 F.3d at 795(alteration and internal
quotation marks omitted). Mandamus may not be used as a substitute for appeal. In re
Lockheed Martin Corp.,
503 F.3d 351, 353(4th Cir. 2007). The relief sought by Winston
is not available by way of mandamus. Accordingly, we deny the petition.
We deny Winston’s motions for release from pretrial detention, a temporary
restraining order, and a stay pending appeal. 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- Unpublished