In Re: Gary Miller-El

Filing 920091207

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2035 In Re: GARY LEWIS MILLER-EL, Petitioner.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?