In Re: Taylor v. ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-536
In Re: CARLOS TAYLOR,
Petitioner.
On Petition for Writ of Mandamus. (CA-97-1577-21BD)
Submitted: April 16, 1998 Decided: May 1, 1998
Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Carlos Taylor, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Carlos Taylor petitions the court for a writ of mandamus seek-
ing to compel the district court to enter default judgment in his
favor in his suit against the South Carolina Department of Correc-
tions. The grant of a writ is a drastic remedy to be exercised only
in extraordinary situations. See Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976). Taylor’s case does not present such a
situation.
Court are extremely reluctant to grant a writ of mandamus. See
In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir. 1984). The party
seeking such 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 indisputable. Allied Chem. Corp.
v. Diaflon, Inc., 449 U.S. 33, 35 (1980) (citations omitted).
Taylor has not made such a showing.
Accordingly, although we grant Taylor 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.
PETITION DENIED
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