Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In re Dwight Lamar SPEARS, Petitioner.

PER CURIAM:

Dwight Spears, a federal prisoner incarcerated in South Carolina, petitions for writ of prohibition. He seeks this court to prohibit the district court from further proceedings in his criminal action. We deny the petition.

A writ of prohibition will not issue unless it "clearly appears that the inferior court is about to exceed its jurisdiction." Smith v. Whitney, 116 U.S. 167, 176, 6 S.Ct. 570, 29 L.Ed. 601 (1886). A writ of prohibition or mandamus is a drastic remedy which should be granted only where 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). Further, a writ of prohibition should be granted only where the petitioner has no other adequate means of relief. In re Banker's Trust Co., 775 F.2d 545, 547 (3d Cir. 1985).

Here, we find that Spears has not established that he has a clear right to the relief he seeks. Accordingly, although we grant Spears' motion to proceed in forma pauperis, we deny the petition.

PETITION DENIED.

Use AI to get other relevant cases.

Comments

IN RE SPEARS
(May 3, 2010)