Opinion
No. 13-1332
04-23-2013
In re: THEODORE J. WILLIAMS Petitioner.
Theodore J. Williams, Petitioner Pro Se.
UNPUBLISHED
On Petition for Writ of Mandamus
(No. 5:13-hc-02022-D)
Before WILKINSON, GREGORY, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Theodore J. Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Theodore J. Williams petitions for a writ of mandamus seeking an order declaring him innocent of offenses to which he pleaded guilty in state court and ordering the state court to resentence him. We conclude that Williams 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 (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). Moreover, this court does not have jurisdiction to grant mandamus relief against state officials, Gurley v. Superior Court of Mecklenburg Cnty., 411 F.2d 586, 587 (4th Cir. 1969), or to review final state court orders. Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482 (1983).
The relief sought by Williams 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. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED