In re: Clinton C. Barlow, Iii

17-1397Court of Appeals for the Fourth CircuitFeb 6, 2018

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-1397
In re: CLINTON C. BARLOW, III,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: January 4, 2018 Decided: February 6, 2018
Before AGEE, Circuit Judge, and HAMILTON and SHEDD, Senior Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Clinton C. Barlow, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clinton C. Barlow, III, petitions for a writ of mandamus relating to his habeas
petition filed in the District of New Jersey, as well as a permanent filing injunction
imposed on him by that court. We lack authority to grant mandamus relief in a case over
which we would not have appellate jurisdiction. See In re Ojeda Rios, 863 F.2d 202, 204
(2d Cir. 1988); cf. In re Va. Elec. & Power Co., 539 F.2d 357, 365 (4th Cir. 1976)
(holding that 28 U.S.C. § 1651 “authorizes this court to issue writs of mandamus to
district courts in the circuit”). Accordingly, we deny leave to proceed in forma pauperis
and dismiss the petition. 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 DISMISSED

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