In Re: Williams v. , 174 F. App'x 769 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7618
In Re: GARY BUTERRA WILLIAMS,
Petitioner.
On Petition for Writ of Mandamus.
(0422-3)
Submitted: March 30, 2006 Decided: April 6, 2006
Before TRAXLER and SHEDD, Circuit Judges.*
Petition denied by unpublished per curiam opinion.
Gary Buterra Williams, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
*
The opinion is filed by a quorum of the panel pursuant to 28
U.S.C. § 46(d).
PER CURIAM:
Gary Buterra Williams, a pre-trial detainee at the
Richmond City Jail, petitions for a writ of mandamus. Williams
seeks an order compelling the Sheriff of the City of Richmond to
fill a prescription for corrective lenses.
Mandamus relief is available only when the petitioner has
a clear right to the relief sought and there are no other means to
obtain the requested relief. See In re First Fed. Sav. & Loan
Assn., 860 F.2d 135, 138 (4th Cir. 1988); In re Beard, 811 F.2d
818, 826-27 (4th Cir. 1979). Further, mandamus is a drastic remedy
and should only be used in extraordinary circumstances. See
Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); Beard,
811 F.2d at 826. This court does not have jurisdiction to grant
mandamus relief against state officials. See Gurley v. Superior
Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969).
The relief sought by Williams is not available by way of
mandamus. Accordingly, although we grant leave to proceed in forma
pauperis, we deny the petition for writ of mandamus. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
PETITION DENIED
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