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    In Re: Dennis Shipman V., 4th Cir. (2014)

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    Dennis Shipman filed a petition for a writ of mandamus seeking an order directing the district court to act on two emergency appeals filed in his bankruptcy case, which has since been dismissed. The court denied the petition for writ of mandamus, concluding that Shipman was not entitled to mandamus relief. Mandamus relief is a drastic remedy only available in extraordinary circumstances where the petitioner has a clear right to relief. The relief sought by Shipman through mandamus was not available. Therefore, the court denied the petition for writ of mandamus while granting leave to proceed in forma pauperis.

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    In Re: Dennis Shipman V., 4th Cir. (2014)

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    Dennis Shipman filed a petition for a writ of mandamus seeking an order directing the district court to act on two emergency appeals filed in his bankruptcy case, which has since been dismissed. The court denied the petition for writ of mandamus, concluding that Shipman was not entitled to mandamus relief. Mandamus relief is a drastic remedy only available in extraordinary circumstances where the petitioner has a clear right to relief. The relief sought by Shipman through mandamus was not available. Therefore, the court denied the petition for writ of mandamus while granting leave to proceed in forma pauperis.

    Original Description:

    Filed: 2014-02-20 Precedential Status: Non-Precedential Docket: 13-2259

    Original Title

    In Re: Dennis Shipman v., 4th Cir. (2014)

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    Dennis Shipman filed a petition for a writ of mandamus seeking an order directing the district court to act on two emergency appeals filed in his bankruptcy case, which has since been dismissed. The court denied the petition for writ of mandamus, concluding that Shipman was not entitled to mandamus relief. Mandamus relief is a drastic remedy only available in extraordinary circumstances where the petitioner has a clear right to relief. The relief sought by Shipman through mandamus was not available. Therefore, the court denied the petition for writ of mandamus while granting leave to proceed in forma pauperis.

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    1 views2 pages

    In Re: Dennis Shipman V., 4th Cir. (2014)

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    Dennis Shipman filed a petition for a writ of mandamus seeking an order directing the district court to act on two emergency appeals filed in his bankruptcy case, which has since been dismissed. The court denied the petition for writ of mandamus, concluding that Shipman was not entitled to mandamus relief. Mandamus relief is a drastic remedy only available in extraordinary circumstances where the petitioner has a clear right to relief. The relief sought by Shipman through mandamus was not available. Therefore, the court denied the petition for writ of mandamus while granting leave to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-2259

    In re:

    DENNIS SHIPMAN,

    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    February 11, 2014

    (13-10403)

    Decided:

    February 20, 2014

    Before MOTZ, KING, and DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Dennis Shipman, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Dennis

    Shipman

    petitions

    for

    writ

    of

    mandamus

    seeking an order directing the district court to act in two


    emergency appeals filed in his bankruptcy case, which has since
    been dismissed.

    We conclude that Shipman 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

    only

    clear right to the relief sought.

    Kerr

    (1976);
    (4th

    Cir.

    when

    the

    v.

    United

    United
    2003).

    States

    States

    v.

    Further,

    petitioner

    has

    In re First Fed. Sav. & Loan

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


    The relief sought by Shipman is not available by way
    of mandamus.

    Accordingly, although we grant leave to proceed in

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


    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    PETITION DENIED

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