In Re: Jafari v. ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-626
In Re: EMMETT JOHNSON JAFARI,
Petitioner.
On Petition for Writ of Mandamus. (CA-97-830-3)
Submitted: October 20, 1998 Decided: November 13, 1998
Before NIEMEYER and LUTTIG, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Emmett Johnson Jafari, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Emmett Jafari filed a petition for a writ of mandamus request-
ing this court to declare an order of the Richmond Circuit Court
null and void and to compel the federal district court to vacate
its order concerning the Richmond court’s order. We deny the
petition.
Mandamus is a drastic remedy to be used only in extraordinary
circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976). Courts are “extremely reluctant to grant a writ of
mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984).
The party seeking mandamus relief carries the heavy burden of
showing he has “no other adequate means” to attain the relief he
desires, and that his right to such relief is “clear and indisput-
able.” Allied Chem. Corp. v. Diaflon, Inc., 449 U.S. 33, 35 (1980)
(citations omitted).
We deny Jafari’s petition for mandamus because he does not
present extraordinary circumstances that require granting a writ of
mandamus. He fails to show that his right to relief is clear and
indisputable and that he has no other available means of relief.
Accordingly, we deny leave to proceed in forma pauperis and 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
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