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Banks v. United States Attorney

Citation: 333 F. App'x 734Docket: No. 09-6096

Court: Court of Appeals for the Fourth Circuit; October 14, 2009; Federal Appellate Court

Narrative Opinion Summary

Frederick Hamilton Banks appeals the district court's denial of his petition for a writ of mandamus. The appellate court reviewed the record and found no reversible error, affirming the district court's decision for the reasons it stated. The case referenced is Banks v. United States Attorney, No. 5:08-hc-02117-BO (E.D.N.C. Dec. 31, 2008). Although Banks was granted leave to proceed in forma pauperis, the court decided that oral argument was unnecessary, as the facts and legal issues were sufficiently clear in the submitted materials. The ruling is affirmed. Unpublished opinions are noted as not being binding precedent in this circuit.

Legal Issues Addressed

Proceeding In Forma Pauperis

Application: The appellant was granted permission to proceed without the usual costs, indicating financial inability to pay fees.

Reasoning: Although Banks was granted leave to proceed in forma pauperis, the court decided that oral argument was unnecessary, as the facts and legal issues were sufficiently clear in the submitted materials.

Review of District Court's Denial of Writ of Mandamus

Application: The appellate court affirms the district court's denial of the writ of mandamus, finding no reversible error in the court's decision.

Reasoning: Frederick Hamilton Banks appeals the district court's denial of his petition for a writ of mandamus. The appellate court reviewed the record and found no reversible error, affirming the district court's decision for the reasons it stated.

Unpublished Opinions as Non-Binding Precedent

Application: The court notes that unpublished opinions do not serve as binding precedent within the circuit, impacting the weight of such decisions in future cases.

Reasoning: Unpublished opinions are noted as not being binding precedent in this circuit.