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Wise v. South Carolina

United States Court of Appeals, Fourth Circuit
Oct 12, 2007
250 F. App'x 546 (4th Cir. 2007)

Opinion

Nos. 07-6487, 07-6711.

Submitted: September 21, 2007.

Decided: October 12, 2007.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:06-cv-00802-HFF).

On Petition for Writ of Mandamus. (6:06-cv-00802-HFF).

Gary L. Wise, Appellant/Petitioner Pro Se. John Evans James, III, Lee, Erter, Wilson, James, Holler Smith, LLC, Sumter, South Carolina, for Appellees.

Before MICHAEL, MOTZ, and GREGORY, Circuit Judges.

No. 07-6487 affirmed; No. 07-6711 petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


In these consolidated cases, Gary L. Wise appeals the district court's order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we deny Wise's motions for injunctive relief, change of venue, discovery, and motion to place his case in abeyance, as well as his objection to Appellees' informal brief, and affirm for the reasons stated by the district court. Wise v. Smith Carolina Dep't of Corrs., No. 6:06-cv-00802-HFF, 2007 WL 700833 (D.S.C. Feb. 28, 2007).

Wise also petitions for a writ of mandamus seeking an order for more access to the prison law library, alleging he lost several court cases as a result of denied access. Mandamus is a drastic remedy to 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). "Courts are extremely reluctant to grant a writ of mandamus." In Re: Beard, 811 F.2d 818, 827 (4th Cir. 1987). Mandamus relief is available only when the petitioner has a clear and indisputable right to the relief sought and there are no other adequate means for obtaining the requested relief. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980); Beard, 811 F.2d at 826. We find Wise fails to meet this demanding standard.

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.

No. 07-6487 AFFIRMED.

No. 07-6711 PETITION DENIED.


Summaries of

Wise v. South Carolina

United States Court of Appeals, Fourth Circuit
Oct 12, 2007
250 F. App'x 546 (4th Cir. 2007)
Case details for

Wise v. South Carolina

Case Details

Full title:Gary L. WISE, Plaintiff-Appellant, v. SOUTH CAROLINA DEPARTMENT OF…

Court:United States Court of Appeals, Fourth Circuit

Date published: Oct 12, 2007

Citations

250 F. App'x 546 (4th Cir. 2007)

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Wise v. United States Dist. Court for the Dist. of South Carolina

Gary L. WISE, petitioner, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF SOUTH CAROLINA.Gary L. Wise,…