In re: Gwendolyn Wilkes
This text of In re: Gwendolyn Wilkes (In re: Gwendolyn Wilkes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-1523
In re: GWENDOLYN DIANNE WILKES,
Petitioner.
On Petition for Writ of Mandamus. (1:19-cv-00699-LCB-LPA)
Submitted: September 24, 2020 Decided: October 8, 2020
Before KING, NIEMEYER, and RICHARDSON, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gwendolyn Dianne Wilkes, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Gwendolyn Dianne Wilkes petitions for a writ of mandamus seeking an order
requiring prosecution of numerous third parties, removal of officials from public office,
injunctions preventing further violations of the law, and damages. We conclude that
Wilkes 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. Murphy-Brown, 907 F.3d at 795. 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 sought by Wilkes 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 this court and
argument would not aid the decisional process.
PETITION DENIED
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