UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Petition for mandamus denied and petition for habeas corpus trans- ferred by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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).

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, 401 U.S. 37, 46-53 (1971). Furthermore, mandamus relief is only appro- priate where the petitioner shows that no other means of relief is available. In re Beard, 811 F.2d 818, 826 (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.* 28 U.S.C.A.

§ 2241(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.