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  • In Re: Propst V., 4th Cir. (1998)

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    The petitioner brought a mandamus petition to the United States Court of Appeals for the Fourth Circuit seeking an order to direct the Catawba County Superior Court to enter a discovery order. The Fourth Circuit denied the petition for lack of jurisdiction, as federal courts do not have the authority to order state courts to act. While in forma pauperis status was granted, the petition for mandamus relief was denied without oral argument.

    Original Description:

    Filed: 1998-05-15 Precedential Status: Non-Precedential Docket: 98-541

    Original Title

    In Re: Propst v., 4th Cir. (1998)

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    The petitioner brought a mandamus petition to the United States Court of Appeals for the Fourth Circuit seeking an order to direct the Catawba County Superior Court to enter a discovery order. The Fourth Circuit denied the petition for lack of jurisdiction, as federal courts do not have the authority to order state courts to act. While in forma pauperis status was granted, the petition for mandamus relief was denied without oral argument.

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    4 views2 pages

    In Re: Propst V., 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    The petitioner brought a mandamus petition to the United States Court of Appeals for the Fourth Circuit seeking an order to direct the Catawba County Superior Court to enter a discovery order. The Fourth Circuit denied the petition for lack of jurisdiction, as federal courts do not have the authority to order state courts to act. While in forma pauperis status was granted, the petition for mandamus relief was denied without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-541

    In Re: PHILLIP M. PROPST,


    Petitioner.

    On Petition for Writ of Mandamus.


    Submitted:

    April 29, 1998

    Decided:

    May 15, 1998

    Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges.


    Petition denied by unpublished per curiam opinion.
    Phillip M. Propst, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant brought this mandamus petition seeking an order
    directing the Catawba County Superior Court to enter a discovery
    order. We lack jurisdiction to order the state court to act. See
    Davis v. Lansing, 851 F.2d 72, 74 (2d Cir. 1988). Accordingly,
    although we grant leave to proceed in forma pauperis, we deny
    mandamus relief. We dispense with oral argument because the facts
    and legal contentions are adequately presented in the materials
    before the court and argument would not significantly aid in the
    decisional process.

    PETITION DENIED

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