In re: Jerry Sharpe

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to amend/correct [999512798-2]; denying Amended Motion for writ of mandamus (FRAP 21) [999489676-2], denying Motion for writ of mandamus (FRAP 21) [999473909-2]. Originating case number: 5:14-ct-03269-F. Copies to all parties and the district court. [999512803]. Mailed to: Jerry Sharpe. [14-2236]

Appeal: 14-2236

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Filed: 01/20/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-2236

In re: JERRY WAYNE SHARPE,
Petitioner.

On Petition for Writ of Mandamus.

Submitted:

January 15, 2015

(5:14-ct-03269-F)

Decided:

January 20, 2015

Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Petition denied by unpublished per curiam opinion.

Jerry Wayne Sharpe, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-2236

Doc: 10

Filed: 01/20/2015

Pg: 2 of 2

PER CURIAM:
Jerry Wayne Sharpe petitions for a writ of mandamus
seeking

an

order

pardon

application

convictions.

We

compelling

state

and

declare

conclude

that

officials
him

to

process

innocent

Sharpe

is

not

of

his

state

entitled

to

mandamus relief.
Mandamus relief, a drastic remedy, should be used only
in extraordinary circumstances and when the petitioner has a
clear right to the relief sought.

Kerr v. United States Dist.

Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333
F.3d 509, 516-17 (4th Cir. 2003).

This court does not have

jurisdiction to grant mandamus relief against state officials.
Gurley v. Superior Court of Mecklenburg Cnty., 411 F.2d 586, 587
(4th Cir. 1969).

To the extent Sharpe seeks an order from this

court directing the district court to act on his complaint, we
find

the

present

record

does

not

reveal

undue

delay

in

the

district court.
Accordingly, although we grant Sharpe leave to amend,
we deny the petition for writ of mandamus.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.
PETITION DENIED

2