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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: L. Mitchell. [16-1959]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
LARRY RAY MITCHELL,
On Petition for Writ of Mandamus
January 17, 2017
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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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.
This court does not have jurisdiction to grant mandamus
Mecklenburg Cnty., 411 F.2d 586, 587 (4th Cir. 1969), and does
not have jurisdiction to review final state court orders, Dist.
The relief sought by Mitchell is not available by way of
We dispense with oral argument because the facts and
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