In Re: Davis v. , 234 F. App'x 164 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6675
In Re: ROY STEVE DAVIS,
Petitioner.
On Petition for a Writ of Mandamus. (5:06-cv-00111)
Submitted: July 11, 2007 Decided: July 25, 2007
Before MICHAEL and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Roy Steve Davis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roy Steve Davis, a federal inmate, petitions this court
for a writ of mandamus, claiming there was undue delay and seeking
to compel the district court to act on his 28 U.S.C. § 2241 (2000)
petition. Mandamus is a drastic remedy to be used only 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,
402 (1976)). It is available only when there are no other means by
which the relief sought could be granted. Id. Mandamus 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 undisputable. Allied Chem. Corp. v.
Daiflon, Inc., 449 U.S. 33, 35 (1980).
We find Davis has not shown he is entitled to the relief
he seeks. Shortly after Davis filed his mandamus petition, the
district court denied his motion for appointment of counsel.
Accordingly, while we grant his motion to proceed in forma
pauperis, we deny the petition for 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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