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18-1005•In re: Momolu V.s. Sirleaf
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1005
In re: MOMOLU V.S. SIRLEAF,
Petitioner.
On Petition for Writ of Mandamus. (3:17-cv-00606-MHL-RCY)
Submitted: May 7, 2018 Decided: May 25, 2018
Before GREGORY, Chief Judge, NIEMEYER, Circuit Judge, and SHEDD, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Momolu V.S. Sirleaf, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Momolu V.S. Sirleaf petitions for a writ of mandamus seeking to prohibit the
magistrate judge from handling any pretrial matters in his habeas case. 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). The party seeking issuance of the writ must have no other adequate
means to attain relief, and he bears the burden of showing that his right to the writ is clear
and indisputable. Moussaoui, 333 F.3d at 517 (citations omitted). We have reviewed the
petition and conclude that Sirleaf fails to make this showing. 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 this court and argument would not aid the decisional
process.
PETITION DENIED
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