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In re Robinson

United States Court of Appeals, Fourth Circuit
Jun 29, 2007
231 F. App'x 242 (4th Cir. 2007)

Opinion

No. 07-6700.

Submitted: June 21, 2007.

Decided: June 29, 2007.

On Petition for Writ of Mandamus.

Tyrone Lorenzo Robinson, Petitioner Pro Se.

Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Tyrone Lorenzo Robinson petitions for a writ of mandamus seeking an order directing the state court to rule on his application for post-conviction relief. We conclude that Robinson is not entitled to mandamus relief.

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). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. 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, Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969), the relief sought by Robinson is not available by way of mandamus.

Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus, as supplemented. 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.


Summaries of

In re Robinson

United States Court of Appeals, Fourth Circuit
Jun 29, 2007
231 F. App'x 242 (4th Cir. 2007)
Case details for

In re Robinson

Case Details

Full title:In re: Tyrone Lorenzo ROBINSON, Petitioner

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 29, 2007

Citations

231 F. App'x 242 (4th Cir. 2007)