In Re Charles Merrill Mount, Petitioner, 904 F.2d 700 (4th Cir. 1990)

Charles Merrill Mount brought this mandamus petition seeking an order directing the Circuit Court of the City of Alexandria, Virginia, to stop proceedings in his case until this Court has ruled on whether he can remove the case to federal court. However, we lack mandamus authority over state officials. See Davis v. Lansing, 851 F.2d 72, 74 (2d Cir. 1988); Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969). Therefore, we grant leave to proceed in forma pauperis and deny mandamus relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid in the decisional process.

PETITION DENIED