Maceo Gardner v. State of North Carolina

U.S. Court of Appeals for the Fourth Circuit

Maceo Gardner v. State of North Carolina

Opinion

USCA4 Appeal: 25-6565 Doc: 10 Filed: 12/23/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6565

MACEO GARDNER,

Petitioner - Appellant,

v.

STATE OF NORTH CAROLINA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:25-hc-02088-D)

Submitted: December 18, 2025 Decided: December 23, 2025

Before NIEMEYER and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Maceo Gardner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6565 Doc: 10 Filed: 12/23/2025 Pg: 2 of 2

PER CURIAM:

Maceo Gardner appeals the district court’s order denying his petition for a writ of

mandamus for lack of jurisdiction. We have reviewed the record and find no reversible

error. See Gurly v. Superior Ct. of Mecklenburg Cnty.,

411 F.2d 586, 587

(4th Cir. 1969)

(noting federal courts lack jurisdiction to grant mandamus relief against state officials).

Accordingly, we deny Gardner’s motion for a certificate of appealability and affirm the

district court’s order. Gardner v. North Carolina, No. 5:25-hc-02088-D (E.D.N.C. June

20, 2025). 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.

AFFIRMED

2

Reference

Status
Unpublished