In re: William Davis, Jr.
In re: William Davis, Jr.
Opinion
USCA4 Appeal: 21-1750 Doc: 16 Filed: 01/24/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-1750
In re: WILLIAM SCOTT DAVIS, JR.,
Petitioner.
On Petition for Writ of Mandamus. (5:14-cr-00240-BR-1)
Submitted: January 20, 2022 Decided: January 24, 2022
Before WILKINSON, DIAZ, and THACKER, 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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-1750 Doc: 16 Filed: 01/24/2022 Pg: 2 of 2
PER CURIAM:
William Scott Davis, Jr., petitions for a writ of mandamus, seeking a new trial
related to his criminal convictions and alleging fraud on the court in two long-closed civil
cases. 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. 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).
The relief sought by Davis is not available by way of mandamus—he may not use
mandamus to challenge his criminal convictions or to evade prefiling injunctions entered
by this court and the district court. Accordingly, we deny the petition for a 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- Unpublished