UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1418
In Re: HENRY T. SANDERS,
Petitioner.
On Petition for Writ of Mandamus.
(8:06-cv-01528-DKC)
Submitted: August 23, 2007 Decided: August 28, 2007
Before WILLIAMS, Chief Judge, and WILKINS and HAMILTON, Senior
Circuit Judges.
Petition denied by unpublished per curiam opinion.
Henry T. Sanders, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Henry T. Sanders petitions for a writ of mandamus seeking
relief from this court. We conclude that Sanders is not entitled
to mandamus relief.
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). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Mandamus may not be used as a substitute for appeal, In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979), and this court
does not have jurisdiction to either grant mandamus relief against
state officials, Gurley v. Superior Court of Mecklenburg County,
411 F.2d 586, 587 (4th Cir. 1969), or review final state court
orders, District of Columbia Court of Appeals v. Feldman, 460 U.S.
462, 482 (1983).
The relief sought by Sanders is not available by way of
mandamus. Accordingly, although we grant leave to proceed in forma
pauperis, we deny the petition for writ of mandamus. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
PETITION DENIED
- 2 -