In re: Keven A. Morgan

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 19-1966

In re: KEVEN A. MORGAN,

Petitioner.

On Petition for Writ of Mandamus. (5:19-hc-02153-M)

Submitted: February 20, 2020 Decided: February 24, 2020

Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and TRAXLER, Senior
Circuit Judge.

Petition denied by unpublished per curiam opinion.

Keven A. Morgan, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Keven A. Morgan petitions for a writ of mandamus seeking an order dismissing his
North Carolina criminal charges, directing the North Carolina Department of Public Safety
to immediately release him, and directing the district court to rule in his favor on his
pending 28 U.S.C. § 2254 (2018) petition. We conclude that Morgan 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. Court, 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 Court of Mecklenburg Cty., 411 F.2d 586, 587 (4th
Cir. 1969), and does not have jurisdiction to review final state court orders, D.C. Court of
Appeals v. Feldman, 460 U.S. 462, 482 (1983). The relief sought by Morgan 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