In re: Dennis Ray Grave


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999933436-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999973699-2] Originating case number: 1:16-cv-01131-JCC-JFA Copies to all parties and the district court/agency. [1000054411]. Mailed to: Graves. [16-2081]

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Appeal: 16-2081 Doc: 14 Filed: 04/03/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2081 In re: DENNIS RAY GRAVES, Petitioner. On Petition for Writ of Mandamus. Submitted: March 30, 2017 (1:16-cv-01131-JCC-JFA) Decided: April 3, 2017 Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Dennis Ray Graves, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-2081 Doc: 14 Filed: 04/03/2017 Pg: 2 of 3 PER CURIAM: Dennis Ray Graves petitions for a writ of mandamus seeking an order directing the state court to vacate his convictions and sentence. We conclude that Graves 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). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). court does not have jurisdiction to grant mandamus This relief against state officials, Gurley v. Superior Court of Mecklenburg Cty., 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 Graves in not available by way of mandamus. Accordingly, although we grant Graves leave to proceed in forma pauperis, we deny the petition for writ of mandamus. legal We dispense with oral argument because the facts and contentions are adequately 2 presented in the materials Appeal: 16-2081 before Doc: 14 this court Filed: 04/03/2017 and Pg: 3 of 3 argument would not aid the decisional process. PETITION DENIED 3

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