In re: Craig v. ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6227
In Re: ROBERT CALVIN CRAIG, JR.,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: May 28, 2004 Decided: June 17, 2004
Before NIEMEYER, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Calvin Craig, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Calvin Craig, Jr., filed a “Petition for
Extraordinary Writ for Creation of a Remedy Not Available Below,”
which we construe as a petition for writ of mandamus. Craig asks
this court to devise a method through which he might challenge a
fine and injunction imposed by the district court in 1995.
Mandamus is a drastic remedy to be used only in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976). Mandamus relief is available only when
there are no other means by which the relief sought could be
granted. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). The
party seeking mandamus relief carries the heavy burden of showing
that he has no other adequate means to obtain the relief he seeks
and that his entitlement to relief is clear and indisputable.
Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Craig
has not made the required showing.
We deny leave to proceed in forma pauperis and dismiss
the mandamus petition. 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.
DISMISSED
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