Dominick Thomas

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1208 In Re: DOMINICK NIKEY THOMAS, Petitioner. On Petition for Writ of Mandamus. (1:04-cv-01145-LMB-LO) Submitted: April 16, 2009 Decided: April 27, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Dominick Thomas, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dominick Nikey Thomas petitions for a writ of mandamus seeking an order compelling the production of various records related to a former police officer who Thomas was convicted of assaulting. relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. Loan Ass'n, is 860 a F.2d drastic 135, 138 (4th and In re First Fed. Sav. & Cir. 1988). only be Further, used in We conclude that Thomas is not entitled to mandamus mandamus remedy should extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). This court does not have jurisdiction to grant Gurley v. Superior mandamus relief against state officials. Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969). The relief sought by Thomas is not available by way of mandamus. Accordingly, although we grant leave to proceed in We forma pauperis, we deny the petition for writ of mandamus. 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 DENIED 2