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IN RE: David Lee SMITH (2021)

United States Court of Appeals, Fourth Circuit.2021-03-29No. No. 21-1034

Summary

Holding. The petition for a writ of mandamus was denied because the court lacks jurisdiction to order state officials to consolidate sentences and because mandamus is not the appropriate remedy for the relief requested.

David Lee Smith filed a petition seeking a writ of mandamus to compel a district court to consolidate his state criminal sentences. The court explained that mandamus is an extraordinary remedy available only when a petitioner has a clear legal right to the relief sought, and only in rare circumstances. The court determined that it lacks jurisdiction to issue mandamus orders against state officials or to review final state court decisions, and that the relief Smith sought was not properly obtainable through mandamus.

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

Key issues

  • Availability of mandamus relief against state officials
  • Jurisdictional limitations on federal court review of state court orders
  • Whether sentence consolidation is an appropriate subject of mandamus petition

Procedural posture

Smith petitioned for a writ of mandamus in federal court seeking an order to consolidate his state criminal sentences.

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 consolidate his state criminal sentences. 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.