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5 F. App'x 250

In Re: Copeland v.

U.S. Courts of Appeals

Decided March 8, 2001

U.S. Courts of Appeals · decided 2001-03-08

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Apprendi v. New Jersey · In Re Diana R Beard et Als

Decided 2001-03-08

PER CURIAM.

¶1 Garry Copeland has filed this mandamus petition apparently seeking to bring an Apprendi * claim under 28 U.S.C. § 2241 (1994). Where there is another available remedy, mandamus relief is not appropriate. In re Beard, 811 F.2d 818, 826 (4th Cir.1987). In this case, Copeland has another available remedy, namely to file a 28 U.S.C. § 2241 petition in the district court. Therefore, although we grant leave to proceed in forma pauperis, we deny mandamus relief. 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.

¶2 PETITION DENIED.

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