UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1771
In re: CAROL L. GRAY PIZZUTO,
Petitioner.
On Petition for a Writ of Mandamus.
(5:10-CV-00017-FPS)
Submitted: August 16, 2012 Decided: August 20, 2012
Before KING and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Carol L. Pizzuto, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Carol L. Pizzuto petitions for a writ of mandamus in
which she seeks to compel the investigation and prosecution of
several individuals. We conclude that Pizzuto is not entitled
to the relief she seeks.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. U.S. Dist. Court,
426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d
509, 516-17 (4th Cir. 2003). Further, mandamus relief is
available only when the petitioner has a clear right to the
relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d
135, 138 (4th Cir. 1988).
The relief sought by Pizzuto is not available by way
of mandamus. See Wayte v. United States, 470 U.S. 598, 607
(1985) (“[T]he Government retains broad discretion as to whom to
prosecute.”); Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973)
(“[A] private citizen lacks a judicially cognizable interest in
the prosecution or nonprosecution of another.”). Accordingly,
although we grant leave to proceed in forma pauperis, we deny
the petition for writ of mandamus. 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.
PETITION DENIED
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