UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1330
In re: HAIBER V. MONTEHERMOSO,
Petitioner.
On Petition for Writ of Mandamus.
3:11-cv-00291-RJC
Submitted: June 20, 2013 Decided: June 25, 2013
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Haiber V. Montehermoso, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Haiber V. Montehermoso petitions for a writ of
mandamus seeking an order directing a North Carolina court to
respond to his motion to grant certiorari that he allegedly
filed in November 2012. We conclude that Montehermoso is not
entitled to mandamus relief.
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. 1988). Moreover, 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).
The relief sought by Montehermoso 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 this court and argument would not aid the decisional
process.
PETITION DENIED
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