In re: Brown v. ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7015
In Re: BOBBY RAY BROWN,
Petitioner.
On Petition for Writ of Mandamus. (CA-92-679-2)
Submitted: November 18, 1999 Decided: December 3, 1999
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Bobby Ray Brown, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bobby Ray Brown petitions this court to issue a writ of man-
damus ordering the district court and the Attorney General of North
Carolina to give Brown a copy of a sealed exhibit from a petition
for habeas corpus, 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999),
ruled on by the district court in 1994.
The record of Brown's state court conviction, including the
exhibit in question, was not retained in the district court, but
was returned to the state attorney general. Federal courts do not
have general power to compel action by state officials, Davis v.
Lansing, 851 F.2d 72, 74 (4th Cir. 1988), or by private individuals
such as Brown's prior counsel, whom he asserts also has a copy of
the exhibit. See 28 U.S.C. § 1361 (1994). Therefore, we are un-
able to grant Brown the relief he seeks, and we deny his petition
for a writ of mandamus. We deny his motion to proceed in forma
pauperis. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and oral argument would not aid the decisional process.
PETITION DENIED
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