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  • In Re: Garry Alston, 50 F.3d 5, 4th Cir. (1995)

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    The document is a court ruling denying Garry Alston's petition for a writ of mandamus. It summarizes that Alston filed the petition seeking an order to compel the district court to rule favorably on his habeas petition, but at the time he filed, the district court had already issued a final order denying habeas relief. Therefore, his complaint about delay in the district court was moot. The court also notes that mandamus relief cannot be used as a substitute for appeal. For these reasons, the court denies Alston's petition for a writ of mandamus.

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    Filed: 1995-03-17 Precedential Status: Non-Precedential Citations: 50 F.3d 5 Docket: 94-8088

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    The document is a court ruling denying Garry Alston's petition for a writ of mandamus. It summarizes that Alston filed the petition seeking an order to compel the district court to rule favorably on his habeas petition, but at the time he filed, the district court had already issued a final order denying habeas relief. Therefore, his complaint about delay in the district court was moot. The court also notes that mandamus relief cannot be used as a substitute for appeal. For these reasons, the court denies Alston's petition for a writ of mandamus.

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    26 views1 page

    In Re: Garry Alston, 50 F.3d 5, 4th Cir. (1995)

    Uploaded by

    Scribd Government Docs
    The document is a court ruling denying Garry Alston's petition for a writ of mandamus. It summarizes that Alston filed the petition seeking an order to compel the district court to rule favorably on his habeas petition, but at the time he filed, the district court had already issued a final order denying habeas relief. Therefore, his complaint about delay in the district court was moot. The court also notes that mandamus relief cannot be used as a substitute for appeal. For these reasons, the court denies Alston's petition for a writ of mandamus.

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    of 1

    50 F.

    3d 5

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In Re: Garry ALSTON, Petitioner.
    No. 94-8088.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Jan. 19, 1995
    Decided: March 17, 1995

    On Petition for a Writ of Mandamus. (CA-93-146-3)


    PETITION DENIED.
    Garry Alston, Petitioner Pro Se.
    Before WILKINS and MICHAEL, Circuit Judges, and SPROUSE, Senior
    Circuit Judge.
    PER CURIAM:

    Garry Alston filed this mandamus petition seeking an order to compel the
    district court to act favorably upon his 28 U.S.C. Sec. 2254 (1988) petition. At
    that time Alston filed this petition, the district court had already entered it final
    order denying habeas relief. Therefore, any complaint regarding delay in the
    district court is moot. In any event, mandamus relief is not a substitute for
    appeal. In re: United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979).
    Accordingly, we deny Alston's petition for writ of mandamus. 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.

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