In Re: Miles v. , 157 F. App'x 656 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7295
In Re: KELVIN J. MILES,
Petitioner.
On Petition for Writ of Mandamus.
(CA-04-2676-8-AW)
Submitted: November 30, 2005 Decided: December 12, 2005
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition dismissed by unpublished per curiam opinion.
Kelvin J. Miles, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kelvin J. Miles petitions this court for writ of
mandamus. He seeks review of a recent district court order denying
his motion for appointment of counsel and to amend. Mandamus is a
drastic remedy and should be used only in extraordinary situations.
Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re
Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus relief is only
available when there are no other means by which the relief sought
could be granted, id., and may not be used as a substitute for
appeal. 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). Miles has failed to make the requisite showing, and we
dismiss the mandamus petition. We deny leave to proceed in forma
pauperis and 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.
DISMISSED
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