Filed: Jun. 29, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6700 In Re: TYRONE LORENZO ROBINSON, Petitioner. On Petition for Writ of Mandamus. Submitted: June 21, 2007 Decided: June 29, 2007 Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Tyrone Lorenzo Robinson, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tyrone Lorenzo Robinson petitions for a writ of mandamus seeking an or
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6700 In Re: TYRONE LORENZO ROBINSON, Petitioner. On Petition for Writ of Mandamus. Submitted: June 21, 2007 Decided: June 29, 2007 Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Tyrone Lorenzo Robinson, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tyrone Lorenzo Robinson petitions for a writ of mandamus seeking an ord..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6700
In Re: TYRONE LORENZO ROBINSON,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: June 21, 2007 Decided: June 29, 2007
Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Tyrone Lorenzo Robinson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tyrone Lorenzo Robinson petitions for a writ of mandamus
seeking an order directing the state court to rule on his
application for post-conviction relief. We conclude that Robinson
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).
Because 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 Robinson 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, as
supplemented. 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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