In re: Don McKinney v.

651 F. App'x 151

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 31, 2016
• Docket: 16-1084
• Status: Unpublished

Opinion

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Don W. McKinney petitions for a writ of mandamus seeking an order returning land he alleges was wrongly sold by a state court judge. We conclude that McKinney 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, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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 Cty., 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, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).

The relief sought by McKinney 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