UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-1933

In re: FRANKLIN C. SMITH, Petitioner.

On Petition for Writ of Mandamus.

Submitted: December 16, 2019 Decided: January 8, 2020

Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Franklin C. Smith, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Franklin C. Smith petitions for a writ of mandamus seeking an order compelling his state probation officer to rescind the conditions of supervised release and discharge him or place him in safe housing. We deny the petition.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). This court does not have jurisdiction to grant mandamus relief against state officials. Gurley v. Super. Ct. of Mecklenburg Cty., 411 F.2d 586, 587 (4th Cir. 1969) (per curiam).

Smith seeks an order directing action by a state official, but we do not have jurisdiction to grant relief against state officials. Accordingly, 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