60 F3d 820 Anderson v. The District of Columbia

Grant ANDERSON, Plaintiff-Appellant,
v.
THE DISTRICT OF COLUMBIA; DC Court of Appeals,
Defendants-Appellees.
Grant ANDERSON, Plaintiff-Appellant,
v.
Robert DOWLUT, Attorney; the District of Columbia; D.C.
Public Defender Service, Defendants-Appellees.
In Re: Grand ANDERSON, a/k/a Jibril Luqman Ibrahim, Petitioner.

Nos. 94-7439, 95-6099, 95-8000.

United States Court of Appeals, Fourth Circuit.

Submitted March 15, 1995.
Decided April 11, 1995.

60 F.3d 820
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Grant Anderson, Appellant Pro Se.

Before RUSSELL and WILLIAMS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

1

Grant Anderson appeals from the district courts' orders transferring his 42 U.S.C. Sec. 1983 (1988) actions from the Eastern District of Virginia and the District of Maryland to the District Court for the District of Columbia. We dismiss these appeals for lack of jurisdiction. This Court has jurisdiction to review final decisions of the district court. 28 U.S.C. Sec. 1291 (1988). It is well-settled that discretionary transfers under 28 U.S.C. Sec. 1404 (1988) are interlocutory and not appealable. See Grower v. Lehman, 799 F.2d 925, 927 (4th Cir.1986). Accordingly, because the district courts transfers were discretionary, those orders were nonappealable.

2

Anderson has also filed a petition for a writ of mandamus seeking to compel this Court to order the Eastern District of Virginia to show cause why it transferred his case while his appeal was pending. Anderson is seeking mandamus relief as a substitute for appeal, which he clearly cannot do. See In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). Further, there are no extraordinary circumstances warranting mandamus relief. See generally In re Beard, 811 F.2d 818, 826-27 (4th Cir.1987). Hence, although we grant Anderson leave to proceed in forma pauperis, we deny his 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.*

Nos. 94-7439 and 95-6099--DISMISSED

No. 95-8000--PETITION DENIED

*

We also deny Anderson's motion for summary reversal on appeal No. 94-7439