UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1845
In re: GREG GIVENS; DENNIS A. GIVENS
Petitioners.
On Petition for Writ of Mandamus.
Submitted: November 2, 2012 Decided: November 7, 2012
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Greg Givens, Dennis A. Givens, Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Petitioners petition for a writ of mandamus seeking an
order requiring West Virginia judges and prosecutors to
investigate and prosecute crimes committed against petitioners,
to permit petitioners to bring pro se charges, and to release
documents. We conclude that Petitioners are not entitled to
mandamus relief.
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 Cnty., 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).
Thus, the relief sought by Petitioners 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
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materials before the court and argument would not aid the
decisional process.
PETITION DENIED
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