In re: Dennis Ray Grave

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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before

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this

court

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and

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argument

would

not

aid

the

decisional

process.
PETITION DENIED

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