In Re: Gary Miller-El, No. 09-2035 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2035 In Re: GARY LEWIS MILLER-EL, Petitioner. On Petition for Writ of Mandamus. Submitted: November 16, 2009 Decided: December 7, 2009 Before WILKINSON, MOTZ, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Gary Lewis Miller-El, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gary Lewis Miller-El petitions for a writ of mandamus seeking an order compelling state officials to dismiss a pending indictment and release him from custody, and other remedies. We conclude that Miller-El is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 394, 509, 402 516-17 available only clear right to the relief sought. Kerr (1976); (4th the jurisdiction officials. to grant 2003). States States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). have United United Cir. when v. mandamus This court does not relief against state Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969). The relief sought by Miller-El is not available by way of mandamus. mandamus. legal before Accordingly, we deny the petition for writ of We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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