In Re: Thomas v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1208
In Re: DOMINICK NIKEY THOMAS,
Petitioner.
On Petition for Writ of Mandamus.
(1:04-cv-01145-LMB-LO)
Submitted: April 16, 2009 Decided: April 27, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dominick Thomas, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dominick Nikey Thomas petitions for a writ of mandamus
seeking an order compelling the production of various records
related to a former police officer who Thomas was convicted of
assaulting. We conclude that Thomas is not entitled to mandamus
relief.
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). Further,
mandamus is a drastic remedy and should only be used in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th
Cir. 1987). 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 Thomas 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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