Source: United States Court of Appeals for the Fourth Circuit
Date: 2009-12-07
Jurisdiction: United States
Docket: No. 09-2035
Citation: 354 F. App'x 825
Opinion
Petition denied by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gary Lewis Miller-El petitions for a writ of mandamus seeking an order compelling state officials to dismiss a pending indictment and release him from custody, and other remedies. We conclude that Miller-El is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States 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). This court does not have jurisdiction to grant mandamus relief against state officials. Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir.1969). The relief sought by Miller-El is not available by way of mandamus. 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.