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  • In Re: Ronald Graham, 64 F.3d 657, 4th Cir. (1995)

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    Ronald Graham filed a petition for a writ of mandamus asking the Fourth Circuit Court of Appeals to compel a change of venue in two pending state court actions. The court denied the petition, stating that federal courts do not have the power to compel action by state courts. While the court granted Graham's request to proceed in forma pauperis, it denied the writ of mandamus because federal courts cannot order state courts to change venue. The court dispensed with oral arguments, finding the facts and legal issues were adequately explained in the submitted materials.

    Original Description:

    Filed: 1995-08-15 Precedential Status: Non-Precedential Citations: 64 F.3d 657 Docket: 95-8026

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    Ronald Graham filed a petition for a writ of mandamus asking the Fourth Circuit Court of Appeals to compel a change of venue in two pending state court actions. The court denied the petition, stating that federal courts do not have the power to compel action by state courts. While the court granted Graham's request to proceed in forma pauperis, it denied the writ of mandamus because federal courts cannot order state courts to change venue. The court dispensed with oral arguments, finding the facts and legal issues were adequately explained in the submitted materials.

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    In Re: Ronald Graham, 64 F.3d 657, 4th Cir. (1995)

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    Ronald Graham filed a petition for a writ of mandamus asking the Fourth Circuit Court of Appeals to compel a change of venue in two pending state court actions. The court denied the petition, stating that federal courts do not have the power to compel action by state courts. While the court granted Graham's request to proceed in forma pauperis, it denied the writ of mandamus because federal courts cannot order state courts to change venue. The court dispensed with oral arguments, finding the facts and legal issues were adequately explained in the submitted materials.

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    of 1

    64 F.

    3d 657

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In re: Ronald GRAHAM, Petitioner.
    No. 95-8026.

    United States Court of Appeals, Fourth Circuit.


    Submitted: July 25, 1995
    Decided: August 15, 1995

    Ronald Graham, Petitioner Pro Se.


    Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges. Petition
    denied by unpublished per curiam opinion.
    PER CURIAM:

    Ronald Graham filed a petition for a writ of mandamus asking this court to
    compel a change of venue in two pending state court actions. Federal courts
    have no general power to compel action by state courts. See Davis v. Lansing,
    851 F.2d 72, 74 (2d Cir.1988); Gurley v. Superior Court of Mecklenburg
    County, 411 F.2d 586, 587 (4th Cir.1969). Accordingly, although we grant
    leave to proceed in forma pauperis, we deny the petition for a writ of
    mandamus. We dispense 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.

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