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673 F. App'x 332

In Re: Larry Mitchell v.

U.S. Courts of Appeals

Decided January 19, 2017

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U.S. Courts of Appeals · decided 2017-01-19

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 2017-01-19

¶1 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶2 Larry Ray Mitchell petitions for a writ of mandamus seeking an order for his immediate release. We conclude that Mitchell is not entitled to mandamus relief.

¶3 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 Cnty., 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, *333460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).

¶4 The relief sought by Mitchell 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.

¶5 PETITION DENIED

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