In Re Raymond S. Samples, 819 F.2d 1139 (4th Cir. 1987). · Go Syfert
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In Re Raymond S. Samples, 819 F.2d 1139 (4th Cir. 1987). Cases Citing This Book View Copy Cite
39 citation events (4 in the last 25 years) across 11 distinct courts.
Strongest positive: Bell Microproducts, Inc. v. Global-Insync, Inc. (vaed, 1998-09-11)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see" Bell Microproducts, Inc. v. Global-Insync, Inc.
E.D. Va. · 1998 · signal: see · confidence high
See United States v. Shepherd, 819 F.2d 1139 , 1987 WL 37542 (4th Cir.1987) (unpublished opinion) (partial summary judgment resolving liability issue and part of damage issue, but leaving an issue of damages open neither final nor certifiable under Rule 54(b)).
cited Cited "see" United States v. Incorporated Village of Island Park
E.D.N.Y · 1995 · signal: see · confidence high
See United States v. CFW Construction Co., Inc., 649 F.Supp. 616, 618 (D.S.C.1986), dismissed, 819 F.2d 1139 (4th Cir.1987).
discussed Cited "see, e.g." Estate of Andrews Ex Rel. Andrews v. United States
E.D. Va. · 1992 · signal: see, e.g. · confidence low
See, e.g., Shamblin’s Ready Mix, Inc. v. Eaton Corp., 819 F.2d 1139 (4th Cir.1987) (unpublished disposition; text in WESTLAW); MacArthur, 524 F.Supp. at 1209 ; Supreme Beef Processors, 441 F.Supp. at 1068 .
Retrieving the full opinion text from the archive…
In Re Raymond S. Samples
87-8013.
Court of Appeals for the Fourth Circuit.
May 29, 1987.
819 F.2d 1139
Unpublished

819 F.2d 1139
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Raymond S. SAMPLES, Petitioner.

No. 87-8013.

United States Court of Appeals, Fourth Circuit.

Submitted May 4, 1987.
Decided May 29, 1987.

Before HALL, PHILLIPS and CHAPMAN, Circuit Judges.

Raymond S. Samples, petitioner pro se.

PER CURIAM:

1

Raymond S. Samples has petitioned this Court for the issuance of a writ of mandamus compelling the Grant County, West Virginia Circuit Court to provide him with transcripts and records, at state expense, relating to his criminal case Nos. 81-F-65 and -66. This Court does not have mandamus authority to direct a state court or its judicial officers in the performance of their function. See Haggard v. Tennessee, 421 F.2d 1384, 1386 (6th Cir.1970). Although a federal district court may require the state to submit state court records necessary to the determination of a pending federal habeas petition, Rule 5, Rules Governing Section 2254 Cases in the United States District Courts, or to provide an indigent petitioner with a transcript upon a showing of particularized need, Jones v. Superintendent, 460 F.2d 150 (4th Cir.1972), cert. denied, 410 U.S. 944 (1973), Samples has neither invoked these provisions nor made the showings necessary thereunder. Such application must be made to the district court in the first instance, although this Court's appellate jurisdiction may be invoked to review the district court's determination of whether a particularized need for a transcript has been shown.

2

Accordingly, although leave to proceed in forma pauperis is granted, the mandamus petition is denied and this action dismissed. We dispense with oral argument because the dispositive issues have recently been decided authoritatively.