Source: United States Court of Appeals for the Fourth Circuit
Date: 2015-04-10
Jurisdiction: United States
Docket: No. 15-1097
Citation: 599 F. App'x 122
Opinion
Petition denied by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Judy Kay Miskell petitions for a writ of mandamus seeking an order granting her a jury trial. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir.2003). Further, 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). Mandamus relief is available to remedy the improper denial of a jury trial. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir.2007). However, because Mis-kell’s district court cases are both closed, she is not entitled to a jury trial. Thus, the relief sought by Miskell is not available by way of mandamus. Accordingly, we deny the petition for writ of mandamus and Miskell’s motion concerning judicial review.
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 DENIED.