In Re: Gurley v.

247 F. App'x 437

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 10, 2007
• Docket: 07-6763
• Status: Unpublished

Opinion

PER CURIAM:

Tracey Gurley petitions for a writ of mandamus ordering county officials in South Carolina to transfer the files from his 1996 state habeas matter to a New Jersey state court. We conclude that Gurley is not entitled to mandamus relief.

Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.1988). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir.1987).

Because this court does not have jurisdiction to grant mandamus relief against state officials, see Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir.1969), the relief sought by Gurley is not available by way of mandamus. Accordingly, 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 the court and argument would not aid the decisional process.

PETITION DENIED.