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    In Re: Rosario Fiorani, JR., 4th Cir. (2012)

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    Rosario Fiorani Jr. petitioned the United States Court of Appeals for the Fourth Circuit for a writ of mandamus seeking to vacate and reverse orders from a lower court. The Fourth Circuit denied the petition in a per curiam opinion. The court determined that mandamus relief is only available in extraordinary circumstances when the petitioner has a clear right to relief. The court concluded Fiorani was not entitled to mandamus relief and that it could not be used as a substitute for appeal. Therefore, the Fourth Circuit denied the petition for a writ of mandamus.

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    In Re: Rosario Fiorani, JR., 4th Cir. (2012)

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    Rosario Fiorani Jr. petitioned the United States Court of Appeals for the Fourth Circuit for a writ of mandamus seeking to vacate and reverse orders from a lower court. The Fourth Circuit denied the petition in a per curiam opinion. The court determined that mandamus relief is only available in extraordinary circumstances when the petitioner has a clear right to relief. The court concluded Fiorani was not entitled to mandamus relief and that it could not be used as a substitute for appeal. Therefore, the Fourth Circuit denied the petition for a writ of mandamus.

    Original Description:

    Filed: 2012-06-05 Precedential Status: Non-Precedential Docket: 12-1364

    Original Title

    In Re: Rosario Fiorani, Jr., 4th Cir. (2012)

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    Rosario Fiorani Jr. petitioned the United States Court of Appeals for the Fourth Circuit for a writ of mandamus seeking to vacate and reverse orders from a lower court. The Fourth Circuit denied the petition in a per curiam opinion. The court determined that mandamus relief is only available in extraordinary circumstances when the petitioner has a clear right to relief. The court concluded Fiorani was not entitled to mandamus relief and that it could not be used as a substitute for appeal. Therefore, the Fourth Circuit denied the petition for a writ of mandamus.

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    45 views2 pages

    In Re: Rosario Fiorani, JR., 4th Cir. (2012)

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    Rosario Fiorani Jr. petitioned the United States Court of Appeals for the Fourth Circuit for a writ of mandamus seeking to vacate and reverse orders from a lower court. The Fourth Circuit denied the petition in a per curiam opinion. The court determined that mandamus relief is only available in extraordinary circumstances when the petitioner has a clear right to relief. The court concluded Fiorani was not entitled to mandamus relief and that it could not be used as a substitute for appeal. Therefore, the Fourth Circuit denied the petition for a writ of mandamus.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1364

    In re: ROSARIO A. FIORANI, JR., a/k/a Ross A. Fiorani, Jr.,


    Petitioner.

    On Petition for Writ of Mandamus.


    (4:11-cv-00038-RAJ-TEM)

    Submitted:

    May 31, 2012

    Decided:

    June 5, 2012

    Before DIAZ and THACKER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Rosario A. Fiorani, Jr., Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    The opinion is filed by a quorum pursuant to 28 U.S.C.


    46(d).

    PER CURIAM:
    Rosario A. Fiorani, Jr., petitions this court for a
    writ

    of

    mandamus

    seeking

    an

    order

    vacating

    and/or

    reversing

    various orders on the ground they were the product of judicial


    corruption

    and/or

    bias.

    We

    conclude

    that

    Fiorani

    is

    not

    entitled to mandamus relief.


    Mandamus relief is a drastic remedy and should be used
    only
    Dist.

    in

    extraordinary

    Court,

    Moussaoui,
    mandamus

    426

    333

    relief

    circumstances.

    U.S.

    F.3d
    is

    394,

    509,

    402

    516-17

    available

    Kerr

    (1976);
    (4th

    only

    clear right to the relief sought.

    when

    Cir.
    the

    v.

    United

    United

    States

    States

    2003).

    v.

    Further,

    petitioner

    has

    In re First Fed. Sav. & Loan

    Assn, 860 F.2d 135, 138 (4th Cir. 1988).


    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

    mandamus.

    sought

    by

    Fiorani

    is

    not

    available

    by

    way

    Accordingly, although we grant leave to proceed in

    forma pauperis, we deny the petition for writ of mandamus.


    dispense

    of

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    PETITION DENIED

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