In Re: Cooper v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1492
In Re: RANDY COOPER,
Petitioner.
On Petition for Writ of Mandamus. (2:09-cv-00168)
Submitted: October 21, 2009 Decided: November 2, 2009
Before NIEMEYER, MICHAEL, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randy Cooper, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Randy Cooper petitions for a writ of mandamus seeking
an order directing state correctional officials to protect him
from assaults and harassment and obey the law We conclude that
Cooper is not entitled to mandamus relief.
Mandamus is a drastic remedy and should be used only
in extraordinary circumstances. Kerr v. United States 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 County, 411 F.2d 586, 587 (4th
Cir. 1969).
The relief sought by Cooper is not available by way of
mandamus. 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 the
court and argument would not aid the decisional process.
PETITION DENIED
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