In Re David Carr, Petitioner, 803 F.2d 1180 (4th Cir. 1986)

David Carr, a West Virginia inmate, petitions this Court for a writ of mandamus to direct a state prosecutor or state judge to allow Carr to present evidence before a state grand jury. Federal courts only have mandamus jurisdiction over federal officials. See Haggard v. Tennessee, 421 F.2d 1384 (6th Cir. 1970). Federal courts have no jurisdiction to compel state officials to perform a duty under state law, unless federal jurisdiction is in some way impaired. Moye v. Clerk, Dekalb County Superior Court, 474 F.2d 1275 (5th Cir. 1973); Craigo v. Hey, 624 F. Supp. 414 (S.D.W. Va. 1985). Such is not the case here.

Accordingly, while leave to proceed in forma pauperis is granted, Carr's petition for a writ of mandamus is denied, and this action is dismissed. Carr's request for appointment of counsel is denied. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

DISMISSED.