Source: United States Court of Appeals for the Fourth Circuit
Date: 2002-08-06
Jurisdiction: United States
Docket: No. 02-6214
Citation: 42 F. App'x 629
Opinion
PER CURIAM: James E. Ellerbe filed this petition for a writ of mandamus seeking an order directing the United States Attorney for the Eastern District of North Carolina to initiate the indictment and prosecution of several individuals for alleged crimes committed in relation to Ellerbe’s prosecution for aiding and abetting a conspiracy to distribute crack cocaine. We have reviewed the petition and find it completely meritless. Mandamus relief is warranted only when the petitioner has a clear right to the relief sought and there are no other means available for seeking that relief. In re First Fed.
Sav. & Loan Ass’n, 860 F.2d 185, 138 (4th Cir.1988). No citizen has an enforceable right to insist on the initiation of criminal proceedings. Linda R.S. v. Richard D., 410 U.S. 614, 619, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973). Accordingly, 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.