In Re: Wright v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6679
In Re: KEITH DESMOND WRIGHT,
Petitioner.
On Petition for Writ of Mandamus.
(CA-98-355-3-OV, CR-94-95-6-3-V)
Submitted: June 21, 2001 Decided: July 5, 2001
Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Keith Desmond Wright, Petitioner pro se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Keith Desmond Wright filed a petition for a writ of mandamus
seeking an order compelling the district court to review his motion
to dismiss on the merits or to release him from federal custody
immediately. We deny the petition.
A writ of mandamus is a drastic remedy to be used only in
extraordinary circumstances. See Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976) (writ of mandamus). Relief under this
writ 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 it may not be used as a substitute for appeal.
See In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
The party seeking relief carries the heavy burden of showing that
he has “no other adequate means to attain the relief he desires”
and that his right to such relief is “clear and indisputable.” See
Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980).
Wright has not made such a showing. Accordingly, we deny his
petition for a writ of mandamus. Wright’s motion to proceed in
forma pauperis is granted. We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
PETITION DENIED
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