UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7703
In re: EDGAR SEARCY,
Petitioner.
On Petition for a Writ of Mandamus
(CA-06-01664-GRA)
Submitted: October 6, 2006 Decided: October 6, 2006
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Edgar Searcy, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Edgar Searcy petitions for a writ of mandamus pursuant to
the Crime Victims’ Rights Act, 18 U.S.C. § 3771. He asserts that
the district court has denied him the right to obtain restitution
for a crime of violence and that the Crime Victims’ Rights Act
entitles him to mandamus relief from this Court. 18 U.S.C.
§ 3771(a)(6) & (d)(3).
Petitioner filed a RICO civil conspiracy suit in the
district court alleging that he had been the victim of assault by
another inmate. The complaint sought restitution and damages. The
magistrate judge recommended dismissal of the complaint.
Petitioner filed objections to the magistrate judge’s
recommendation, and the district judge adopted the recommendation
and dismissed the complaint. Petitioner then filed this mandamus
petition alleging that he is entitled under 18 U.S.C. § 3771 to the
rights of a crime victim to obtain restitution in federal court.
Complainant’s petition for mandamus relief is denied.
Complainant was not entitled to the protections of 18 U.S.C. § 3771
in his civil RICO proceeding. If he was dissatisfied with the
district court’s dismissal of his civil RICO complaint, review of
the district court’s disposition of the matter could be obtained
through appeal, not by petition for writ of mandamus pursuant to
the 18 U.S.C. § 3771.
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Finding no application of 18 U.S.C. § 3771 to these
proceedings, we deny the petition.
PETITION DENIED
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