In re: Walter Frank Agee

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2371
In Re: WALTER FRANK AGEE,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: February 24, 2011 Decided: February 28, 2011
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Walter Frank Agee, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Walter Frank Agee, a West Virginia prisoner, petitions
for a writ of mandamus seeking an order directing the state
court to grant him a new trial. We conclude that Agee is not
entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (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 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 (1983). Accordingly, we dismiss the petition for
writ of mandamus, as amended. 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 DISMISSED

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