In re: John D. Goelz

00-1662Court of Appeals for the Fourth Circuit10.07.2000

Gesamter Gesetzestext

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-1662
In Re: JOHN D. GOELZ,
Petitioner.
On Petition for Writ of Praecipe.
(CA-99-413-3-MU)
Submitted: June 27, 2000 Decided: July 10, 2000
Before LUTTIG and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
John D. Goelz, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* The district court denied Goelz’s motion to remand. See
Caterpillar Inc. v. Lewis, 519 U.S. 61, 74 (1996) (by timely filing
motion for remand, litigant “did all that was required to preserve
his objection to remand”).
2
PER CURIAM:
John D. Goelz brought this action seeking a writ of praecipe,
an injunction, and a restraining order barring the district court
from proceeding in his contract action that had been removed to
federal court from state court. Essentially, Goelz is seeking man-
damus relief. As explained in the order denying Goelz’s earlier
mandamus petition challenging the district court’s jurisdiction
over his contract case, mandamus relief is not available because
Goelz has another remedy, namely to appeal any unfavorable final
district court decision. * We therefore deny relief. 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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