Summary
affirming dismissal of writ of mandamus aimed at state officials for lack of jurisdiction
Summary of this case from Quinn v. CansinoOpinion
No. 07-6763.
Submitted: August 30, 2007.
Decided: September 10, 2007.
On Petition for Writ of Mandamus. (2:07-cv-00276).
Tracey Gurley, Petitioner Pro Se.
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Tracey Gurley petitions for a writ of mandamus ordering county officials in South Carolina to transfer the files from his 1996 state habeas matter to a New Jersey state court. We conclude that Gurley is not entitled to mandamus relief.
Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Because this court does not have jurisdiction to grant mandamus relief against state officials, see Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969), the relief sought by Gurley 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.