UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2289
In re: GREG P. GIVENS; CAROL L. PIZZUTO; DENNIS A. GIVENS,
Petitioners.
On Petition for Writ of Prohibition.
(Nos. 5:12-cv-00145-FPS-JES, 5:12-cv-00149-FPS-JES, 5:12-cv-
00155-FPS-JES)
Submitted: March 27, 2014 Decided: March 31, 2014
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Petition denied by unpublished per curiam opinion.
Greg P. Givens, Carol L. Pizzuto, Dennis A. Givens, Petitioners
Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Petitioners petition for a writ of “procedendo”
seeking an order directing the district court to conduct its
proceedings in a certain manner. The filing has been docketed
as a writ of prohibition, which “is a drastic and extraordinary
remedy which should be granted only when the petitioner has
shown his right to the writ to be clear and undisputable and
that the actions of the court were a clear abuse of discretion.”
In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983). A writ of
prohibition may not be used as a substitute for appeal. Id.
Because Petitioners have not shown any basis for the relief
sought and, in any event, can raise their claims on appeal, we
grant leave to proceed in forma pauperis and deny the writ of
prohibition. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
PETITION DENIED
2