In Re: Rourke v. ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-698
In Re: EDWARD ROURKE,
Petitioner.
On Petition for Writ of Mandamus. (CA-97-18-L)
No. 97-705
In Re: EDWARD ROURKE,
Petitioner.
On Petition for Writ of Habeas Corpus.
Submitted: November 18, 1997 Decided: December 2, 1997
Before HALL, WILKINS, and MICHAEL, Circuit Judges.
Petition for mandamus denied and petition for habeas corpus trans-
ferred by unpublished per curiam opinion.
Edward Rourke, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Edward Rourke petitions this court for a Writ of Habeas Corpus
and for a Writ of Mandamus directing a Virginia state court to
release Rourke from confinement pending his petition for a Writ of
Habeas Corpus. A federal court may not award declaratory or in-
junctive relief that would affect pending state criminal proceed-
ings absent extraordinary circumstances involving an immediate
threat to federally protected rights. See Younger v. Harris, 401
U.S. 37, 46-53 (1971). Furthermore, mandamus relief is only appro-
priate where the petitioner shows that no other means of relief is
available. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Because
Rourke did not file a direct appeal of his conviction and has dem-
onstrated no extraordinary circumstances involving a threat to his
federally protected rights, his petition for a Writ of Mandamus is
denied. We decline to entertain Rourke's application for a writ of
habeas corpus and transfer it to the United States District Court
for the Western District of Virginia for disposition.* 28 U.S.C.A.
§ 2241(b) (West 1994 & Supp. 1997); Fed. R. App. P. 22(a). We dis-
pense 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; PETITION TRANSFERRED
*
We defer to the district court's disposition of Rourke's
motion to expedite his application for a writ of habeas corpus. We
deny Rourke's motion to stay and Respondent's motion to dismiss the
mandamus petition.
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