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    In Re: Jermaine Sims V., 4th Cir. (2014)

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    1) Jermaine Jerrell Sims filed a petition for a writ of mandamus seeking an order directing the district court to grant relief on his 28 U.S.C. § 2241 petition. 2) Mandamus relief is only available in extraordinary circumstances when the petitioner has a clear right to relief. It is not a substitute for appeal. 3) Sims is not entitled to mandamus relief in this case. The court denied the petition and amended petition for writ of mandamus.

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    In Re: Jermaine Sims V., 4th Cir. (2014)

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    1) Jermaine Jerrell Sims filed a petition for a writ of mandamus seeking an order directing the district court to grant relief on his 28 U.S.C. § 2241 petition. 2) Mandamus relief is only available in extraordinary circumstances when the petitioner has a clear right to relief. It is not a substitute for appeal. 3) Sims is not entitled to mandamus relief in this case. The court denied the petition and amended petition for writ of mandamus.

    Original Description:

    Filed: 2014-04-11 Precedential Status: Non-Precedential Docket: 14-1151

    Original Title

    In re: Jermaine Sims v., 4th Cir. (2014)

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    1) Jermaine Jerrell Sims filed a petition for a writ of mandamus seeking an order directing the district court to grant relief on his 28 U.S.C. § 2241 petition. 2) Mandamus relief is only available in extraordinary circumstances when the petitioner has a clear right to relief. It is not a substitute for appeal. 3) Sims is not entitled to mandamus relief in this case. The court denied the petition and amended petition for writ of mandamus.

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    70 views2 pages

    In Re: Jermaine Sims V., 4th Cir. (2014)

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    Scribd Government Docs
    1) Jermaine Jerrell Sims filed a petition for a writ of mandamus seeking an order directing the district court to grant relief on his 28 U.S.C. § 2241 petition. 2) Mandamus relief is only available in extraordinary circumstances when the petitioner has a clear right to relief. It is not a substitute for appeal. 3) Sims is not entitled to mandamus relief in this case. The court denied the petition and amended petition for writ of mandamus.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-1151

    In Re:

    JERMAINE JERRELL SIMS,


    Petitioner.

    On Petition for Writ of Mandamus.


    (5:13-hc-02175-D)

    Submitted:

    April 1, 2014

    Decided:

    April 11, 2014

    Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Jermaine Jerrell Sims, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jermaine Jerrell Sims petitions for a writ of mandamus
    seeking an order directing the district court to grant relief on
    his 28 U.S.C. 2241 (2012) petition.

    We conclude that Sims 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

    U.S.

    F.3d

    relief

    circumstances.

    is

    394,

    509,

    402

    516-17

    available

    only

    clear right to the relief sought.

    Kerr

    (1976);
    (4th

    States

    States

    2003).

    the

    v.

    Further,

    petitioner

    has

    In re First Fed. Sav. & Loan

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


    used as a substitute for appeal.

    United

    United

    Cir.

    when

    v.

    Mandamus may not be

    In re Lockheed Martin Corp.,

    503 F.3d 351, 353 (4th Cir. 2007).


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

    Accordingly, although we grant leave to proceed in

    forma pauperis, we deny the petition and amended petition for


    writ of mandamus.
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the


    contentions

    are

    adequately

    this

    and

    argument

    court

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    PETITION DENIED

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