In Re: Larry Mitchell


UNPUBLISHED PER CURIAM OPINION filed. Petition for writ of mandamus denied [999915445-2] Originating case number: 5:16-ct-03057-D. Copies to all parties and the district court/agency. [1000006293]. Mailed to: L. Mitchell. [16-1959]

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Appeal: 16-1959 Doc: 11 Filed: 01/19/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1959 In re: LARRY RAY MITCHELL, Petitioner. On Petition for Writ of Mandamus (No. 5:16-ct-03057-D) Submitted: January 17, 2017 Decided: January 19, 2017 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Larry Ray Mitchell, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1959 Doc: 11 Filed: 01/19/2017 Pg: 2 of 3 PER CURIAM: Larry Ray Mitchell petitions for a writ of mandamus seeking an order for his immediate release. We conclude that Mitchell 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 Cnty., 411 F.2d 586, 587 (4th Cir. 1969), and does not have jurisdiction to review final state court orders, Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482 (1983). The relief sought by Mitchell is not available by way of mandamus. mandamus. legal Accordingly, we deny the petition for writ of We dispense with oral argument because the facts and contentions are adequately 2 presented in the materials Appeal: 16-1959 before Doc: 11 this court Filed: 01/19/2017 and Pg: 3 of 3 argument would not aid the decisional process. PETITION DENIED 3

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