In re: Kent Bell ( 2023 )


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  • USCA4 Appeal: 23-2106      Doc: 9          Filed: 12/18/2023   Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-2106
    In re: KENT BELL,
    Petitioner.
    On Petition for Writ of Mandamus to the United States District Court for the District of
    Maryland, at Baltimore.
    Submitted: December 14, 2023                                Decided: December 18, 2023
    Before GREGORY and RUSHING, Circuit Judges, and MOTZ, 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    Petition denied by unpublished per curiam opinion.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    Unpublished opinions are not binding precedent in this circuit.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: 23-2106      Doc: 9        Filed: 12/18/2023     Pg: 2 of 2
    PER CURIAM:
    Kent Bell petitions for a writ of mandamus seeking an order allowing him to
    challenge his 2013 Maryland conviction.        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).
    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: 23-2106

Filed Date: 12/18/2023

Precedential Status: Non-Precedential

Modified Date: 12/19/2023