In Re: Brown v. ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7391
In Re: CURTIS J. BROWN, SR.,
Petitioner.
On Petition for Writ of Mandamus. (CA-97-2199-2-18AJF)
Submitted: December 16, 1999 Decided: December 30, 1999
Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Petition denied by unpublished per curiam opinion.
Curtis J. Brown, Sr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Curtis J. Brown, Sr., has filed a petition for a writ of man-
damus from this court seeking to have this court direct the dis-
trict court to review a 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999)
petition filed on July 25, 1997, and dismissed by the court without
prejudice for failing to exhaust state remedies. 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).
Mandamus relief is only available when there are no other means by
which the relief sought could be granted, see In re Beard, 811 F.2d
818, 826 (4th Cir. 1987), and may not be used as a substitute for
appeal. See In re Catawba Indian Tribe, 973 F.2d 1133, 1135 (4th
Cir. 1992). 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 entitlement to such relief is
“clear and indisputable.” Allied Chem. Corp. v. Daiflon, Inc., 449
U.S. 33, 35 (1980). Brown has not made such a showing. Accord-
ingly, we deny Brown’s motion to proceed in forma pauperis and his
petition for mandamus relief. We dispense with oral argument be-
cause 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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