Filed: February 14, 2013
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2446
(5:11-cr-00124-1)
In Re: ELISHA RIGGLEMAN,
Petitioner.
O R D E R
The Court amends its opinion filed January 22, 2013,
as follows:
On the cover sheet, the “Submitted” date is corrected
to read “January 17, 2013.”
For the Court – By Direction
/s/ Patricia S. Connor
Clerk
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2446
In Re: ELISHA RIGGLEMAN,
Petitioner.
On Petition for a Writ of Prohibition.
(5:11-cr-00124-1)
Submitted: January 17, 2013 Decided: January 22, 2013
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Elisha Riggleman, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Elisha Riggleman petitions for a writ of prohibition
seeking an order directing that his criminal case be dismissed.
Riggleman is not entitled to such relief.
A writ of prohibition “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.
Riggleman has not shown any basis for the relief he
seeks. Accordingly, although we grant leave to proceed in forma
pauperis, we deny the writ of prohibition. 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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