Filed: Jan. 22, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2344 In re: BRANDON LEE, Petitioner. On Petition for Writ of Mandamus. Submitted: January 18, 2018 Decided: January 22, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Brandon Lee, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brandon Lee petitions for a writ of mandamus seeking an order directing the
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2344 In re: BRANDON LEE, Petitioner. On Petition for Writ of Mandamus. Submitted: January 18, 2018 Decided: January 22, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Brandon Lee, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brandon Lee petitions for a writ of mandamus seeking an order directing the ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-2344
In re: BRANDON LEE,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: January 18, 2018 Decided: January 22, 2018
Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Brandon Lee, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brandon Lee petitions for a writ of mandamus seeking an order directing the
Supreme Court of North Carolina to rule on his state mandamus petition. We conclude
that Lee is not entitled to mandamus relief.
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). 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
Cty.,
411 F.2d 586, 587 (4th Cir. 1969).
The relief sought by Lee 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 this court and argument would not aid the
decisional process.
PETITION DENIED
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