Testo completo
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1243
In re: DERRICK D. BOGER,
Petitioner.
On Petition for Writ of Prohibition.
Submitted: April 17, 2015 Decided: April 27, 2015
Before KING, SHEDD, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Derrick D. Boger, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Derrick D. Boger petitions for a writ of prohibition
seeking an order directing that the North Carolina prison
facilities be given law libraries and/or legal assistance. A
writ of prohibition “is a drastic and extraordinary remedy which
should be granted only when the petitioner has shown his right
to the writ to be clear and undisputable and that the actions of
the court were a clear abuse of discretion.” In re Vargas, 723
F.2d 1461, 1468 (10th Cir. 1983). A writ of prohibition may not
be used as a substitute for appeal. Id..
Boger has not shown any basis for the relief he seeks.
Accordingly, although we grant leave to proceed in forma
pauperis, we deny the writ of prohibition and Boger’s motion for
appointment of counsel. 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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