66 F.3d 316
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Restoney ROBINSON, Petitioner.
No. 95-8067.
United States Court of Appeals, Fourth Circuit.
Submitted Aug. 24, 1995.
Decided Sept. 19, 1995.
On Petition for Writ of Mandamus. (MISC-95-29-H-5).
MANDAMUS DENIED.
Restoney Robinson, petitioner pro se.
Before WIDENER, HALL, and WILLIAMS, Circuit Judges.
PER CURIAM:
Restoney Robinson petitions this court for a writ of mandamus directing the district court to act on his 42 U.S.C. Sec. 1983 (1988) complaint. Mandamus is a drastic remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976). Mandamus relief is only available when there are no other means by which the relief sought could be granted, In re Beard, 811 F.2d 818, 826 (4th Cir.1987), and may not be used as a substitute for appeal, In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). The party seeking mandamus relief carries the heavy burden of showing that he has "no other adequate means to attain the relief he desires" and that his right to such relief is "clear and indisputable." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Robinson has not made such a showing. Accordingly, we deny mandamus relief. 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
