UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-2003
In re: SHAPAT AHDAWAN NABAYA, a/k/a Norman Abbott,
Petitioner.
On Petition for Writ of Error. (3:17-cr-00003-MHL-1)
Submitted: January 23, 2020 Decided: January 27, 2020
Before WYNN, DIAZ, and RICHARDSON, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Shapat Ahdawan Nabaya, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shapat Ahdawan Nabaya petitions for a writ of error under the All Writs Act, 28
U.S.C. § 1651(a) (2018), seeking the dismissal of his criminal conviction and immediate
release from prison. We conclude that Nabaya is not entitled to relief.
Federal courts “may issue all writs necessary or appropriate in aid of their respective
jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C. § 1651(a)
(2018). However, petitioners may not obtain relief under § 1651(a) when there is another
available remedy. See United States v. Swaby, 855 F.3d 233, 238 (4th Cir. 2017); United
States v. Torres, 282 F.3d 1241, 1245 (10th Cir. 2002). Because Nabaya has asserted his
claims in a motion pursuant to 28 U.S.C. § 2255 (2018), relief under § 1651(a) is not
warranted.
Accordingly, although we grant Nabaya’s application to proceed in forma pauperis
and we grant his motion for leave to amend, we deny the petition for writ of error as
amended. 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
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