# In Re: Brown v.

> Court of Appeals for the Fourth Circuit · July 5, 2005 · 138 F. App'x 517

URL: https://www.frixlaw.com/law-library/cases/1016541

## Case

- **Full name:** In Re: Jimmy O’Neal BROWN, Petitioner
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** July 5, 2005
- **Citations:** 138 F. App'x 517
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Niemeyer, Motz, Traxler
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1016541

## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 05-6266

In Re: JIMMY O’NEAL BROWN,

Petitioner.

On Petition for Writ of Mandamus.
(CA-01-410-1; CR-98-189)

Submitted: June 10, 2005 Decided: July 5, 2005

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jimmy O’Neal Brown, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Jimmy O’Neal Brown petitions for writ of mandamus. He

seeks an order directing the Government to retest the drug evidence

involved in his criminal case. Mandamus relief is available only

when the petitioner has a clear right to the relief sought. In re

First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).

Further, mandamus is a drastic remedy and should be used only in

extraordinary circumstances. Kerr v. United States Dist. Ct., 426

U.S. 394, 402 (1976). After a review of the petition, we have

determined that the relief sought by Brown is not available by way

of mandamus. 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 the court and

argument would not aid the decisional process.

PETITION DENIED

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1016541. Public record. Not legal advice.