In re: Judy Kay Miskell

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1097
In Re: JUDY KAY MISKELL,
Petitioner.
On Petition for Writ of Mandamus.
(1:15-cv-00019-CCB; 1:12-cv-00742-CCB)
Submitted: March 18, 2015 Decided: April 10, 2015
Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge
Petition denied by unpublished per curiam opinion.
Judy Kay Miskell, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Judy Kay Miskell petitions for a writ of mandamus seeking
an order granting her a jury trial. 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).
Mandamus relief is available to remedy the improper denial
of a jury trial. In re Lockheed Martin Corp., 503 F.3d 351, 353
(4th Cir. 2007). However, because Miskell’s district court
cases are both closed, she is not entitled to a jury trial.
Thus, the relief sought by Miskell is not available by way of
mandamus.
Accordingly, we deny the petition for writ of mandamus and
Miskell’s motion concerning judicial review. 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

-- 2 of 2 --