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IN RE: David Lee SMITH (2021)

United States Court of Appeals, Fourth Circuit.2021-03-29No. No. 21-1110

Summary

Holding. The court denied the petition for a writ of mandamus because Smith failed to establish a clear right to mandamus relief, and the relief he sought is not available through mandamus procedures.

David Lee Smith filed a petition for a writ of mandamus asking the court to order a district court to treat his habeas corpus petition as a civil action seeking to overturn a North Carolina statute. The court rejected this request, explaining that mandamus is an extraordinary remedy available only when a petitioner has a clear legal right to the relief sought. The court noted that it lacked jurisdiction to grant mandamus relief against state officials and lacked authority to review final state court orders. Because Smith could not demonstrate entitlement to mandamus relief through any available legal pathway, the court denied his petition.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether mandamus relief is available to challenge a district court's construction of a habeas corpus petition
  • Whether federal courts have jurisdiction to grant mandamus relief against state officials
  • Whether mandamus is the appropriate remedy for seeking repeal of a state statute

Procedural posture

Smith petitioned for a writ of mandamus in the appellate court seeking to compel the district court to recharacterize his habeas corpus petition as a civil action challenging a state statute.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

David Lee Smith petitions for a writ of mandamus, seeking an order from this court directing the district court to construe his petition for a writ of habeas corpus as a civil action requesting the repeal and dissolution of a North Carolina statute. We conclude that Smith is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Mandamus relief is available only when the petitioner has a clear right to the relief sought. Murphy-Brown, 907 F.3d at 795. This court does not have jurisdiction to grant mandamus relief against state officials, Gurley v. Superior Ct. of Mecklenburg Cnty., 411 F.2d 586, 587 (4th Cir. 1969), and does not have jurisdiction to review final state court orders, D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).

The relief sought by Smith is not available by way of mandamus. Accordingly, we deny the petition for a writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED

PER CURIAM:

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.