UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1633
In re: JOSEPH L. WESTFALL,
Petitioner.
On Petition for Writ of Mandamus. (2:09-cv-00103-JPB)
Submitted: October 18, 2011 Decided: October 20, 2011
Before WILKINSON, MOTZ, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Joseph L. Westfall, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph L. Westfall petitions for a writ of mandamus
seeking an order directing the Barbour County, West Virginia,
Circuit Court to grant him a new trial. Mandamus relief is a
drastic remedy and should be used only in extraordinary
circumstances. Kerr v. United States 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).
This court does not have jurisdiction to grant
mandamus relief against state officials, Gurley v. Superior
Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969),
and does not have jurisdiction to review final state court
orders, District of Columbia Court of Appeals v. Feldman, 460
U.S. 462, 482 (1983). The relief sought by Westfall is not
available by way of mandamus. Accordingly, although we grant
leave to proceed in forma pauperis, we deny Westfall’s petition
for a writ of mandamus. We also deny Westfall’s pending motion
for the return of his West Virginia driver’s license and other
property. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
2
before the court and argument would not aid the decisional
process.
PETITION DENIED
3