In re: Kent Bell ( 2023 )


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  • USCA4 Appeal: 23-1504      Doc: 11         Filed: 07/25/2023    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-1504
    In re: KENT BELL,
    Petitioner.
    On Petition for Writ of Mandamus to the United States District Court for the District of
    Maryland, at Baltimore. (1:21-cv-00107-GLR)
    Submitted: July 20, 2023                                          Decided: July 25, 2023
    Before NIEMEYER and THACKER, Circuit Judges, and KEENAN, Senior Circuit Judge.
    Petition denied by unpublished per curiam opinion.
    Kent Bell, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-1504      Doc: 11         Filed: 07/25/2023     Pg: 2 of 2
    PER CURIAM:
    Kent Bell petitions for a writ of mandamus seeking relief from several alleged errors
    that occurred in his state criminal proceeding. We conclude that Bell is not entitled to
    mandamus relief.
    Mandamus relief is a drastic remedy and should be used only in extraordinary
    circumstances. Cheney v. U.S. Dist. Ct., 
    542 U.S. 367
    , 380 (2004); In re Murphy-Brown,
    LLC, 
    907 F.3d 788
    , 795 (4th Cir. 2018). Further, mandamus relief is available only when
    the petitioner has a clear right to the relief sought and “has no other adequate means to
    attain the relief [he] desires.” Murphy-Brown, 
    907 F.3d at 795
     (alteration and internal
    quotation marks omitted). This court does not have jurisdiction to grant mandamus relief
    against state officials, Gurley v. Superior Ct. of Mecklenburg Cnty., 
    411 F.2d 586
    , 587 (4th
    Cir. 1969), and does not have jurisdiction to review final state court orders, D.C. Ct. of
    Appeals v. Feldman, 
    460 U.S. 462
    , 482 (1983).
    The relief sought by Bell is not available by way of mandamus. 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 this court and
    argument would not aid the decisional process.
    PETITION DENIED
    2
    

Document Info

Docket Number: 23-1504

Filed Date: 7/25/2023

Precedential Status: Non-Precedential

Modified Date: 7/26/2023