In re: Shapat Ahdawan Nabaya

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 20-1045

In re: SHAPAT AHDAWAN NABAYA,

Petitioner.

On Petition for Writ of Error. (3:17-cr-00003-MHL-1)

Submitted: May 21, 2020 Decided: May 26, 2020

Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.

Petition denied by unpublished per curiam opinion.

Shapat Ahdawan Nabaya, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Shapat Ahdawan Nabaya petitions for a writ of error under the All Writs Act, 28
U.S.C. § 1651(a) (2018), seeking his immediate release from prison, monetary damages,
and an investigation of his allegations. We conclude that Nabaya is not entitled to relief.
Federal courts “may issue all writs necessary or appropriate in aid of their respective
jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C. § 1651(a).
However, petitioners may not obtain relief under § 1651(a) when there is another available
remedy. See United States v. Swaby, 855 F.3d 233, 238 (4th Cir. 2017); United States v.
Torres, 282 F.3d 1241, 1245 (10th Cir. 2002). Because Nabaya has asserted his claims in
a motion pursuant to 28 U.S.C. § 2255 (2018), relief under § 1651(a) is not warranted.
Accordingly, we deny Nabaya’s motion to transfer the district court records to this
court, deny his motion for a hearing, and deny the petition for writ of error. 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