In re: Kent Bell

U.S. Court of Appeals for the Fourth Circuit

In re: Kent Bell

Opinion

USCA4 Appeal: 23-2106 Doc: 9 Filed: 12/18/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-2106

In re: KENT BELL,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the District of Maryland, at Baltimore.

Submitted: December 14, 2023 Decided: December 18, 2023

Before GREGORY and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Kent Bell, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-2106 Doc: 9 Filed: 12/18/2023 Pg: 2 of 2

PER CURIAM:

Kent Bell petitions for a writ of mandamus seeking an order allowing him to

challenge his 2013 Maryland conviction. We conclude that Bell 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 and “has no other adequate means to

attain the relief [he] desires.” Murphy-Brown,

907 F.3d at 795

(alteration and internal

quotation marks omitted). 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 Bell is not available by way of mandamus. 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

2

Reference

Status
Unpublished