In re: Franklin Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1933
In re: FRANKLIN C. SMITH,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: December 16, 2019 Decided: January 8, 2020
Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Franklin C. Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Franklin C. Smith petitions for a writ of mandamus seeking an order compelling his
state probation officer to rescind the conditions of supervised release and discharge him or
place him in safe housing. We deny the petition.
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). Mandamus relief is available only when
the petitioner has a clear right to the relief sought. In re Murphy-Brown, LLC, 907 F.3d
788, 795 (4th Cir. 2018). This court does not have jurisdiction to grant mandamus relief
against state officials. Gurley v. Super. Ct. of Mecklenburg Cty., 411 F.2d 586, 587 (4th
Cir. 1969) (per curiam).
Smith seeks an order directing action by a state official, but we do not have
jurisdiction to grant relief against state officials. 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
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