UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7161
In Re: MICHAEL MCEVILY,
Petitioner.
On Petition for Writ of Error. (CA-02-112)
Submitted: October 10, 2002 Decided: October 21, 2002
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael McEvily, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael McEvily filed a petition seeking review of a Virginia
state statute under the All Writs Act, 28 U.S.C. § 1361 (2000), and
an injunction against future enforcement of the statute. McEvily
asserts that the statute is ambiguous and therefore
unconstitutional. We lack jurisdiction to consider McEvily’s
petition, and so must dismiss it.
The All Writs Act vests all statutorily created federal
courts, including this court, with authority to issue “all writs
necessary or appropriate in aid of their respective jurisdictions.”
See 28 U.S.C. § 1651 (2000). However, McEvily’s petition fails to
implicate the independent basis for our jurisdiction necessary to
proceed under the All Writs Act. See In re Chambers Develop. Co.,
148 F.3d 214, 223 n.6 (3d Cir. 1998) (stating that the All Writs
Act requires that “the case may at some future time come within the
court’s appellate jurisdiction”). McEvily’s petition fails to
allege any active case or controversy. Accordingly, although we
grant McEvily’s motion to proceed in forma pauperis, we dismiss his
petition. 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.
DISMISSED
2