Public-domain · open source
OpenJurist

260 F. App'x 539

In Re: Little v.

U.S. Courts of Appeals

Decided December 28, 2007

This page is marked noindex.

U.S. Courts of Appeals · decided 2007-12-28

Relies on District of Columbia Court of Appeals v. Feldman · Kerr v. United States Dist. Court for Northern Dist. of Cal. · In Re First Federal Savings And Loan Association Of Durham

Decided 2007-12-28

PER CURIAM:

¶1 Ronnie R. Little petitions for a writ of mandamus seeking an order compelling the North Carolina state court to correct his sentence calculation. We conclude that Little is not entitled to mandamus relief.

¶2 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). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. 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). This court does not have jurisdiction to grant mandamus relief against state officials, Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir.1969), and does not have jurisdiction to review final state court orders, District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).

¶3 The relief sought by Little is not available by way of mandamus. Accordingly, although we grant leave to proceed in for-ma 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 the court and argument would not aid the decisional process.

¶4 PETITION DENIED

/260/fappx/539 · .json · Public domain