In re: Denver Blevins

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-2135

In re: DENVER W. BLEVINS, Petitioner.

On Petition for Writ of Mandamus. (5:21-cv-00146-MR)

Submitted: December 12, 2022 Decided: December 15, 2022

Before AGEE and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Denver W. Blevins, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Denver W. Blevins petitions for a writ of mandamus seeking an order directing vacatur of his state convictions and sentences. We conclude that Blevins is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought and “has no other adequate means to attain the relief [he] desires.” Murphy-Brown, 907 F.3d at 795 (cleaned up). This court does not have jurisdiction to grant mandamus relief against state officials, Gurley v. Superior Ct. of Mecklenburg Cnty., 411 F.2d 586, 587 (4th Cir. 1969), and does not have jurisdiction to review final state court orders, D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 482 (1983).

The relief Blevins seeks is not available by way of mandamus. Accordingly, we deny Blevins’ request for hearing en banc and 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