In re: Jamaal Gittens

U.S. Court of Appeals for the Fourth Circuit

In re: Jamaal Gittens

Opinion

USCA4 Appeal: 25-1762 Doc: 12 Filed: 11/04/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-1762

In re: JAMAAL GITTENS,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Western District of North Carolina, at Charlotte. (3:24-cv-00817-FDW-DCK)

Submitted: October 30, 2025 Decided: November 4, 2025

Before RUSHING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Jamaal Gittens, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-1762 Doc: 12 Filed: 11/04/2025 Pg: 2 of 2

PER CURIAM:

Jamaal Gittens petitions for a writ of mandamus seeking an order from this court

directing the district court to grant his “habeas corpus” petition in which he sought to

remove to the district court a state court foreclosure proceeding. We conclude that Gittens

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).

The relief sought by Gittens 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Unpublished