In Re: Jerry Sharpe v. ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1910
In re: JERRY WAYNE SHARPE,
Petitioner.
On Petition for Writ of Mandamus.
(5:14-ct-03269-F)
Submitted: October 20, 2015 Decided: October 22, 2015
Before MOTZ, KEENAN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jerry Wayne Sharpe, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerry Wayne Sharpe petitions for a writ of mandamus seeking
an order compelling the district court to issue an order
requiring that Judge L. Todd Burke of the Yadkin County Superior
Court hold an evidentiary hearing on his claim of actual
innocence. We conclude that Sharpe 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). 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).
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
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