In re: Shorter v. , 82 F. App'x 302 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7274
In Re: WILLIAM SHORTER, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CR-98-192-A)
Submitted: November 19, 2003 Decided: December 4, 2003
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
William Shorter, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
William Shorter, Jr., filed a petition for a writ of mandamus
requesting this court to order his immediate release from
incarceration. He has also filed an amendment to that petition.
Mandamus is a drastic remedy, which will only be granted in
extraordinary circumstances. In re Beard, 811 F.2d 818, 826 (4th
Cir. 1987) (citing Kerr v. United States Dist. Court, 426 U.S. 394(1976)). The party seeking mandamus relief has the heavy burden of
showing that he has no other adequate avenue of relief and that his
right to the relief sought is “clear and indisputable.” Allied
Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980) (citations
omitted); In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138
(4th Cir. 1988). Because Shorter has other means of challenging the
validity of his conviction, we find that he has not met this
burden.
Accordingly, while we grant Shorter’s motion for leave to
proceed in forma pauperis, we deny his petition and amended
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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