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    In Re: Abdurrahman Cetin V., 4th Cir. (2014)

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    Abdurrahman Cetin filed a petition for a writ of mandamus seeking to vacate his convictions and sentence. The United States Court of Appeals for the Fourth Circuit denied the petition. Mandamus relief is an extreme remedy only used in extraordinary circumstances, and Cetin did not demonstrate that he had a clear right to the relief sought. While the court granted Cetin's motion to proceed in forma pauperis, it denied the petition for writ of mandamus without requiring oral argument.

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    In Re: Abdurrahman Cetin V., 4th Cir. (2014)

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    Abdurrahman Cetin filed a petition for a writ of mandamus seeking to vacate his convictions and sentence. The United States Court of Appeals for the Fourth Circuit denied the petition. Mandamus relief is an extreme remedy only used in extraordinary circumstances, and Cetin did not demonstrate that he had a clear right to the relief sought. While the court granted Cetin's motion to proceed in forma pauperis, it denied the petition for writ of mandamus without requiring oral argument.

    Original Description:

    Filed: 2014-11-20 Precedential Status: Non-Precedential Docket: 14-1915

    Original Title

    In re: Abdurrahman Cetin v., 4th Cir. (2014)

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    Abdurrahman Cetin filed a petition for a writ of mandamus seeking to vacate his convictions and sentence. The United States Court of Appeals for the Fourth Circuit denied the petition. Mandamus relief is an extreme remedy only used in extraordinary circumstances, and Cetin did not demonstrate that he had a clear right to the relief sought. While the court granted Cetin's motion to proceed in forma pauperis, it denied the petition for writ of mandamus without requiring oral argument.

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    4 views2 pages

    In Re: Abdurrahman Cetin V., 4th Cir. (2014)

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    Abdurrahman Cetin filed a petition for a writ of mandamus seeking to vacate his convictions and sentence. The United States Court of Appeals for the Fourth Circuit denied the petition. Mandamus relief is an extreme remedy only used in extraordinary circumstances, and Cetin did not demonstrate that he had a clear right to the relief sought. While the court granted Cetin's motion to proceed in forma pauperis, it denied the petition for writ of mandamus without requiring oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-1915

    In re:

    ABDURRAHMAN CETIN,

    Petitioner.

    On Petition for Writ of Mandamus.


    (4:08-cr-00370-RBH-1; 4:12-cv-00551-RBH)

    Submitted:

    November 18, 2014

    Decided:

    November 20, 2014

    Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Abdurrahman Cetin, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Abdurrahman
    seeking

    an

    order

    Cetin

    vacating

    petitions
    his

    for

    convictions

    writ
    and

    of

    mandamus

    sentence.

    We

    conclude that Cetin is not entitled to mandamus relief and deny


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

    in

    extraordinary

    Court,

    426

    circumstances.

    U.S.

    394,

    402

    Kerr

    (1976);

    v.

    United

    United

    Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003).


    not be used as a substitute for appeal.

    States

    States

    v.

    Mandamus may

    In re Lockheed Martin

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

    Further, mandamus

    relief is available only when the petitioner has a clear right


    to the relief sought.

    In re First Fed. Sav. & Loan Assn, 860

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


    Cetin

    has

    relief he seeks.

    not

    shown

    that

    he

    is

    entitled

    to

    the

    Accordingly, while we grant his motion for

    leave to proceed in forma pauperis, we deny the 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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