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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Graves. [16-2081]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
In re: DENNIS RAY GRAVES,
On Petition for Writ of Mandamus.
March 30, 2017
April 3, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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Dennis Ray Graves petitions for a writ of mandamus seeking
an order directing the state court to vacate his convictions and
We conclude that Graves is not entitled to mandamus
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.
Mandamus may not be used as a substitute for appeal.
Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
against state officials, Gurley v. Superior Court of Mecklenburg
Cty., 411 F.2d 586, 587 (4th Cir. 1969), and does not have
Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482 (1983).
The relief sought by Graves in not available by way of
proceed in forma pauperis, we deny the petition for writ of
We dispense with oral argument because the facts and
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