In re: Brandon Jennings
In re: Brandon Jennings
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-2012
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: December 16, 2021 Decided: December 17, 2021
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
directing recusal of the district judge assigned to his federal criminal case. Jennings also
challenges several orders entered during his criminal proceedings. 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.
Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353(4th Cir. 2007).
Jennings may not challenge his convictions by way of mandamus, and he has not
demonstrated a basis for recusal. 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- Unpublished