In re: Edward Zinner

U.S. Court of Appeals for the Fourth Circuit

In re: Edward Zinner

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-2382

In re: EDWARD ZINNER,

Petitioner.

On Petition for Writ of Mandamus. (4:17-cr-00003-RCY-DEM-1)

Submitted: January 20, 2022 Decided: January 24, 2022

Before WILKINSON, DIAZ, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Edward M. Zinner, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Edward Zinner petitions for a writ of mandamus seeking an order from this court

directing the district court to hold an evidentiary hearing and to require named government

officers to respond to his demands related to a pending

28 U.S.C. § 2255

motion in the

district court. Zinner 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). Moreover, 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 Zinner is not available 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Unpublished