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122 F. App'x 687

In Re: Smith v.

U.S. Courts of Appeals

Decided March 9, 2005

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U.S. Courts of Appeals · decided 2005-03-09

Relies on Sangre De Cristo Community Mental Health Service, Inc. v. United States · Bankers Trust Co. v. Weiner · State of Missouri:

Decided 2005-03-09

PER CURIAM:

¶1 Bernard Smith petitions for writ of prohibition. He seeks an order preventing his release to the Maryland Department of Corrections.

¶2 A writ of prohibition is a drastic remedy which should be granted only where the petitioner’s right to the requested relief is clear and indisputable. See 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), and a writ of prohibition may not be used as a substitute for the normal appellate process. Missouri 664 F.2d at 180.

¶3 The relief sought by Smith is not available by way of writ of prohibition. Accordingly, although we grant Smith’s motion to proceed in forma pauperis, we deny the petition for a writ of prohibition. 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.

¶4 PETITION DENIED

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