Shores v. ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6129
In Re: FRED SHORES, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CR-93-93)
Submitted: May 25, 1999 Decided: June 2, 1999
Before ERVIN, WILKINS, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Fred Shores, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Fred Shores, Jr., has filed a petition for a writ of mandamus
from this court seeking an order instructing the district court for
the Western District of North Carolina to revisit the propriety of
Shore’s 1993 conviction for a violation of 18 U.S.C. § 1958 (1994).
Mandamus is a drastic remedy to be used only in extraordinary cir-
cumstances. See Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976). Mandamus relief is only available when there are no
other means by which the relief sought could be granted, see In re
Beard, 811 F.2d 818, 826 (4th Cir. 1987), and may not be used as a
substitute for appeal. In re Catawba Indian Tribe of S. Carolina,
973 F.2d 1133, 1135 (4th Cir. 1992). Accordingly, we deny mandamus
relief. 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
2