In re: Edward Zinner
In re: Edward Zinner
Opinion
USCA4 Appeal: 21-2382 Doc: 9 Filed: 01/24/2022 Pg: 1 of 2
UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-2382 Doc: 9 Filed: 01/24/2022 Pg: 2 of 2
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. § 2255motion 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- Unpublished