In Re: Purdie v. ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4882
In Re: ALVIN JERONES PURDIE, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CR-94-46)
Submitted: January 21, 1999 Decided: February 5, 1999
Before LUTTIG, MOTZ, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Alvin Jerones Purdie, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alvin Jerones Purdie, Jr., filed this petition for a writ of
mandamus seeking reversal of his drug and firearm convictions based
on a delay in the appellate process stemming from his inability to
obtain transcripts of his jury trial. To obtain mandamus relief,
a petitioner bears the heavy burden of showing that he has no other
adequate avenues of relief and that his right to the relief sought
is clear and indisputable. Mallard v. United States Dist. Court,
490 U.S. 296, 308-09 (1989). Purdie alleges that his inability to
obtain adequate trial transcripts has precluded him from perfecting
a direct appeal of his conviction in violation of his due process
rights. Despite the extensive delays that have accompanied his
appeal, a briefing order will be set in the near future that will
provide Purdie the opportunity to present his appeal to this court.
Through the appellate process Purdie may present his concerns. See
Fed. R. App. P. 10(c); United States v. Wilson, 16 F.3d 1027, 1031
(9th Cir. 1994). Accordingly, although we grant Purdie’s motion to
proceed in forma pauperis, we deny the mandamus petition. We dis-
pense 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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