In Re: Gary Miller-El

Filing 920091207

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2035

In Re:

GARY LEWIS MILLER-EL, Petitioner.

On Petition for Writ of Mandamus.

Submitted:

November 16, 2009

Decided:

December 7, 2009

Before WILKINSON, MOTZ, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Gary Lewis Miller-El, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Gary Lewis Miller-El petitions for a writ of mandamus seeking an order compelling state officials to dismiss a pending indictment and release him from custody, and other remedies. conclude that Miller-El is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary 426 circumstances. 394, 402 Kerr v. United States v. We

Court, 333

U.S. 509,

(1976); (4th when Cir. the

United 2003).

States

Moussaoui, mandamus

F.3d is

516-17 only

Further, has a

relief

available

petitioner

clear right to the relief sought.

In re First Fed. Sav. & Loan This court does not against state

Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). have jurisdiction to grant mandamus

relief

officials.

Gurley v. Superior Court of Mecklenburg County, 411

F.2d 586, 587 (4th Cir. 1969). The relief sought by Miller-El is not available by way of mandamus. mandamus. legal before Accordingly, we deny the petition for writ of

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. PETITION DENIED

2