In Re: John Butler ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-2363
In re: JOHN EDWARD BUTLER,
Petitioner.
On Petitions for Writ of Mandamus.
Submitted: March 23, 2021 Decided: March 26, 2021
Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges.
Petitions denied by unpublished per curiam opinion.
John Edward Butler, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Edward Butler petitions for a writ of mandamus seeking an order directing a
state court to act on his discovery motion. We conclude that Butler 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 (2004); In re Murphy-Brown,
LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, 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).
The relief sought by Butler is not available by way of mandamus. Accordingly, we
deny Butler’s request for counsel and deny the petitions for 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.
PETITIONS DENIED
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