In Re Charles Merrill Mount

904 F.2d 700
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
In re Charles Merrill MOUNT, Petitioner.

No. 90-8011.

United States Court of Appeals, Fourth Circuit.

Submitted: May 7, 1990.
Decided: May 22, 1990.

On Petition for Writ of Mandamus.

Charles Merrill Mount, petitioner pro se.

PETITION DENIED.

Before ERVIN, Chief Judge, and CHAPMAN and WILKINS, Circuit Judges.

PER CURIAM:

1

Charles Merrill Mount brought this mandamus petition seeking an order directing the Circuit Court of the City of Alexandria, Virginia, to stop proceedings in his case until this Court has ruled on whether he can remove the case to federal court. However, we lack mandamus authority over state officials. See Davis v. Lansing, 851 F.2d 72, 74 (2d Cir.1988); Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir.1969). Therefore, we grant leave to proceed in forma pauperis and deny mandamus relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid in the decisional process.

PETITION DENIED