In Re: Nicholas Queen, Sr.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1924

In Re: NICHOLAS JAMES QUEEN, SR.,

Petitioner.

On Petition for Writ of Mandamus.
(1:93-cr-00366-WMN-1)

Submitted: October 16, 2012 Decided: October 31, 2012

Before WILKINSON, MOTZ, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Nicholas James Queen, Sr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Nicholas Queen, Sr., petitions for a writ of mandamus,

seeking an order directing the district court to examine its

exercise of jurisdiction in a criminal case against him. We

deny the petition.

Mandamus is a drastic remedy to be used only in

extraordinary circumstances. Kerr v. United States 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).

Queen has failed to demonstrate entitlement to

mandamus relief. 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