In Re Nathaniel Scott, Petitioner, 72 F.3d 128 (4th Cir. 1995)

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US Court of Appeals for the Fourth Circuit - 72 F.3d 128 (4th Cir. 1995) Submitted Nov. 16, 1995. Decided Dec. 12, 1995

On Petition for Writ of Mandamus.

Nathaniel Scott, Petitioner Pro Se.


Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.


Nathaniel Scott petitioned this court for a writ of mandamus, complaining of an undue delay in a Virginia state court, and seeking appointment of counsel and a change of venue in the state proceeding. Federal courts have no general power to compel action by state officials or non-federal employees. 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, although we grant leave to proceed in forma pauperis, we deny Scott's petition for a writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately present in the materials before the Court and argument would not aid the decisional process.