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  • In Re: Brown V., 4th Cir. (2004)

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    Jimmy O'Neal Brown filed a petition for a writ of mandamus seeking to compel the district court to rule on his motion to retest drug evidence. The court denied the petition because Brown had filed a §2255 motion in the district court that reiterated his retest claims and raised additional claims, and his §2255 motion was still pending. As Brown had an adequate alternative remedy available in his pending §2255 proceeding, mandamus relief was not warranted. The court denied Brown's petition and motion to proceed in forma pauperis.

    Original Description:

    Filed: 2004-05-26 Precedential Status: Non-Precedential Docket: 03-7754

    Original Title

    In Re: Brown v., 4th Cir. (2004)

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    Jimmy O'Neal Brown filed a petition for a writ of mandamus seeking to compel the district court to rule on his motion to retest drug evidence. The court denied the petition because Brown had filed a §2255 motion in the district court that reiterated his retest claims and raised additional claims, and his §2255 motion was still pending. As Brown had an adequate alternative remedy available in his pending §2255 proceeding, mandamus relief was not warranted. The court denied Brown's petition and motion to proceed in forma pauperis.

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    8 views2 pages

    In Re: Brown V., 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Jimmy O'Neal Brown filed a petition for a writ of mandamus seeking to compel the district court to rule on his motion to retest drug evidence. The court denied the petition because Brown had filed a §2255 motion in the district court that reiterated his retest claims and raised additional claims, and his §2255 motion was still pending. As Brown had an adequate alternative remedy available in his pending §2255 proceeding, mandamus relief was not warranted. The court denied Brown's petition and motion to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7754

    In Re:

    JIMMY ONEAL BROWN,


    Petitioner.

    On Petition for Writ of Mandamus. (CA-01-410; CR-98-189)

    Submitted:

    February 27, 2004

    Decided:

    May 26, 2004

    Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Jimmy ONeal Brown, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jimmy ONeal Brown has filed a petition for writ of
    mandamus seeking an order directing the district court to rule on
    his motion to retest drug-related evidence.

    After filing his

    retest motion, Brown filed a 28 U.S.C. 2255 (2000) motion,


    reiterating his retest claims and raising several others.

    Because

    Brown can seek the relief he desires in his 2255 proceeding,


    which is still pending in district court, mandamus relief is not
    warranted.

    See In re First Fed. Sav. & Loan Assn, 860 F.2d 135,

    138 (4th Cir. 1988) (holding that mandamus relief is precluded if


    there are other adequate remedies).

    We grant Browns motion to

    proceed in forma pauperis and 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


    the court and argument would not aid the decisional process.

    PETITION DENIED

    - 2 -

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