In Re. Pyne v., (4th Cir. 2007)
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6164
In Re: CHARLES PYNE,
Petitioner.
On Petition for Writ of Prohibition
(No. 8:04-cr-00018-AW)
Submitted: May 31, 2007 Decided: July 5, 2007
Before WILLIAMS, Chief Judge, and WILKINSON and DUNCAN, Circuit
Judges.
Petition denied by unpublished per curiam opinion.
Charles Pyne, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Charles Kehinde Pyne petitions for a writ of prohibition seeking an order preventing District Judge Alexander Williams, Jr., from participating in his 28U.S.C. § 2255 (2000) proceedings, transferring the action to another judge, and vacating all "discretionary judicial actions" taken by Judge Williams subsequent to his recusal during the pre-trial hearing. We conclude Pyne is not entitled to relief.
A writ of prohibition should not issue unless it "clearly appears that the inferior court is about to exceed its jurisdiction." Smith v. Whitney,
Because it is a drastic remedy, a writ of prohibition should only be granted when the petitioner's right to the requested relief is clear and indisputable, In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983); In re Missouri, 664 F.2d 178, 180 (8th Cir. 1981), and there are no other adequate means of relief, In re Bankers Trust Co., 775 F.2d 545, 547 (3d Cir. 1985). A writ of prohibition may not be used as a substitute for the normal appellate process.
Missouri, 664 F.2d at 180.
Pyne has failed to demonstrate that he is entitled to the relief he seeks. Therefore, although we grant leave to proceed in forma pauperis, we deny Pyne's motion for release and petition for a writ of prohibition. 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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This document cites
- U.S. Court of Appeals for the Eighth Circuit - in Re the State of Missouri: Christopher S. Bond, Governor of the State of Missouri; John Ashcroft, Attorney General of the State of Missouri; Melvin F. Carnahan, Treasurer of the State of Missouri; Stephen C. Bradford, Commissioner of Administration of the State of Missouri; the State of Missouri Board of Education; and Arthur L. Mallory, Commissioner of Education of the State of Missouri, Petitioners., 664 F.2d 178 (8th Cir. 1981)
- U.S. Court of Appeals for the Tenth Circuit - in Re Grand Jury Proceedings, Subpoena To Ray M. Vargas. Sangre de Cristo Community Mental Health Service, Inc., Appellant, v. United States of America, Appellee. Ray M. Vargas, Petitioner, v. Santiago Campos, United States District Judge, Respondent., 723 F.2d 1461 (10th Cir. 1983)
- U.S. Court of Appeals for the Third Circuit - in the Matter of the Complaint of Bankers Trust Company, as Owner-Trustee and Monsanto Company, as Chartered Owner and Keystone Shipping Co., as Chartered Owner and Operator of the S.S. Edgar M. Queeny, Et Al. Bankers Trust Company, Monsanto Company and Keystone Shipping Co., Petitioners, v. Honorable Charles R. Weiner, Respondent., 775 F.2d 545 (3rd Cir. 1985)
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