UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-698

In Re: EDWARD ROURKE,

Petitioner.

On Petition for Writ of Mandamus. (CA-97-18-L)

No. 97-705

In Re: EDWARD ROURKE, Petitioner.

On Petition for Writ of Habeas Corpus.

Submitted: November 18, 1997 Decided: December 2, 1997 Before HALL, WILKINS, and MICHAEL, Circuit Judges.

Petition for mandamus denied and petition for habeas corpus trans- ferred by unpublished per curiam opinion.

Edward Rourke, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

Edward Rourke petitions this court for a Writ of Habeas Corpus

and for a Writ of Mandamus directing a Virginia state court to

release Rourke from confinement pending his petition for a Writ of

Habeas Corpus. A federal court may not award declaratory or in-

junctive relief that would affect pending state criminal proceed-

ings absent extraordinary circumstances involving an immediate

threat to federally protected rights. See Younger v. Harris,

(1971). Furthermore, mandamus relief is only appro-

priate where the petitioner shows that no other means of relief is

available. In re Beard,

(4th Cir. 1987). Because

Rourke did not file a direct appeal of his conviction and has dem-

onstrated no extraordinary circumstances involving a threat to his

federally protected rights, his petition for a Writ of Mandamus is denied. We decline to entertain Rourke's application for a writ of

habeas corpus and transfer it to the United States District Court

for the Western District of Virginia for disposition.*

(b) (West 1994 & Supp. 1997); Fed. R. App. P. 22(a). We dis- pense 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; PETITION TRANSFERRED

* We defer to the district court's disposition of Rourke's motion to expedite his application for a writ of habeas corpus. We deny Rourke's motion to stay and Respondent's motion to dismiss the mandamus petition.

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