In Re: Liverman v. ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6714
In Re: ELTRENTROSE F. LIVERMAN,
Petitioner.
On Petition for Writ of Mandamus. (CA-00-922-2)
Submitted: July 12, 2001 Decided: July 20, 2001
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Eltrentrose F. Liverman, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eltrentrose F. Liverman has filed a petition for a writ of
mandamus seeking an order from this court directing the district
court to rule on his successive motion filed under 28 U.S.C.A.
§ 2255 (West Supp. 2000). 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, Liverman 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 Liverman has failed to meet
this burden and thus we deny the petition. We deny Liverman’s
motion to proceed in forma pauperis and 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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