UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-1910

In re: JERRY WAYNE SHARPE,

Petitioner.

On Petition for Writ of Mandamus. (5:14-ct-03269-F)

Submitted: October 20, 2015 Decided: October 22, 2015

Before MOTZ, KEENAN, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jerry Wayne Sharpe, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jerry Wayne Sharpe petitions for a writ of mandamus seeking

an order compelling the district court to issue an order

requiring that Judge L. Todd Burke of the Yadkin County Superior

Court hold an evidentiary hearing on his claim of actual

innocence. We conclude that Sharpe is not entitled to mandamus

relief.

Mandamus relief is a drastic remedy and should be used only

in extraordinary circumstances. Kerr v. U.S. Dist. Court,

(1976); United States v. Moussaoui,

(4th Cir. 2003). Further, mandamus relief is available

only when the petitioner has a clear right to the relief sought.

In re First Fed. Sav. & Loan Ass’n,

(4th Cir.

1988). This court does not have jurisdiction to grant mandamus

relief against state officials. Gurley v. Superior Court of

Mecklenburg Cnty.,

(4th Cir. 1969).

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

this court and argument would not aid the decisional process.

PETITION DENIED

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