In Re: Dennis Graves v. , 683 F. App'x 217 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2081
In re: DENNIS RAY GRAVES,
Petitioner.
On Petition for Writ of Mandamus. (1:16-cv-01131-JCC-JFA)
Submitted: March 30, 2017 Decided: April 3, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Dennis Ray Graves, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dennis Ray Graves petitions for a writ of mandamus seeking
an order directing the state court to vacate his convictions and
sentence. We conclude that Graves is not entitled to mandamus
relief.
Mandamus relief is a drastic remedy and should be used only
in extraordinary circumstances. Kerr v. U.S. 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).
Mandamus may not be used as a substitute for appeal. In re
Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). This
court does not have jurisdiction to grant mandamus relief
against state officials, Gurley v. Superior Court of Mecklenburg
Cty., 411 F.2d 586, 587 (4th Cir. 1969), and does not have
jurisdiction to review final state court orders, Dist. of
Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482 (1983).
The relief sought by Graves in not available by way of
mandamus. Accordingly, although we grant Graves 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
2
before this court and argument would not aid the decisional
process.
PETITION DENIED
3