In Re: Queen v. , 95 F. App'x 518 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6000
In Re: NICHOLAS J. QUEEN, SR.,
Petitioner.
On Petition for Writ of Mandamus. (CR-93-366-WMN)
Submitted: March 19, 2004 Decided: April 26, 2004
Before MOTZ, MICHAEL, and TRAXLER, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Nicholas J. Queen, Sr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Nicholas J. Queen, Sr., has filed a petition for a writ
of mandamus seeking an order from this court vacating an allegedly
illegal conviction and sentence. Mandamus is a drastic remedy to
be used only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1976). “[C]ourts are extremely
reluctant to grant a writ of mandamus.” In re Ford Motor Co., 751
F.2d 274, 275 (8th Cir. 1984). In seeking mandamus relief, Queen
carries the heavy burden of showing that he has no other adequate
means to attain the relief sought and that his right to such relief
is clear and indisputable. In re First Fed. Sav. & Loan Ass’n, 860
F.2d 135, 138 (4th Cir. 1988). We find that Queen has failed to
meet this burden and thus we dismiss the petition. We deny Queen’s
motion 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.
PETITION DISMISSED
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