In re: William Davis, Jr.
In re: William Davis, Jr.
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-1992
In re: WILLIAM SCOTT DAVIS, JR.,
Petitioner.
On Petition for Writ of Mandamus. (5:16-hc-02211-BA)
Submitted: November 18, 2021 Decided: November 19, 2021
Before MOTZ, THACKER, and HARRIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William Scott Davis, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
William Scott Davis, Jr., petitions for a writ of mandamus, alleging that a number
of errors occurred during his criminal proceedings. We conclude that Davis 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).
Davis may not challenge his criminal convictions by way of mandamus.
Accordingly, we 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
2
Reference
- Status
- Unpublished