Dominick Thomas, No. 09-1208 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1208 In Re: DOMINICK NIKEY THOMAS, Petitioner.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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. We conclude that Thomas is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Cir. Ass n, mandamus is 860 a F.2d 135, drastic 138 remedy extraordinary circumstances. (4th and should 1988). Further, only used be in 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 mandamus relief against state officials. Gurley v. Superior 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 forma pauperis, we deny the petition for writ of mandamus. dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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