In re: Miller-El v. , 17 F. App'x 209 ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6857
In Re: GARY LEWIS MILLER-EL,
Petitioner.
On Petition for Writ of Mandamus. (CA-00-268-5)
Submitted: August 23, 2001 Decided: September 5, 2001
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Gary Lewis Miller-El, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gary Lewis Miller-El has filed a petition for a writ of manda-
mus. 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, Miller-El 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 Miller-El has failed to meet
this burden inasmuch as the pleadings he has filed in this Court do
not establish extraordinary circumstances justifying a writ of
mandamus. Therefore, although we grant Miller-El’s motion for leave
to proceed in forma pauperis, we deny the 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.
PETITION DENIED
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