In Re Jerry Wayne Moore, Petitioner, 917 F.2d 557 (4th Cir. 1990)

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US Court of Appeals for the Fourth Circuit - 917 F.2d 557 (4th Cir. 1990) Submitted Oct. 1, 1990. Decided Nov. 1, 1990

On Petition for Writ of Mandamus. (CA-88-714)

Jerry Wayne Moore, petitioner pro se.


Before DONALD RUSSELL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Jerry Wayne Moore brought this mandamus petition seeking an emergency order directing the Attorney General of Virginia--and lower officials for the Commonwealth--to compare evidence found at the scene of the crime to DNA samples he sent to a forensic lab. We grant permission to proceed in forma pauperis, but this Court lacks mandamus authority over state officials, 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), and we therefore 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.