In Re: Plimpton v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-507
In Re: ROBERT STANLEY PLIMPTON,
Petitioner.
On Petition for Writ of Mandamus. (CA-96-265-1-T)
Submitted: February 20, 1997 Decided: March 5, 1997
Before HALL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Robert Stanley Plimpton, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Stanley Plimpton has filed a petition for a writ of
mandamus in this court seeking an order directing the district
court to grant his motion for default judgment. 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 only available 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), and may not be used as a substitute for appeal. In re
United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The party
seeking mandamus 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." Allied
Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Plimpton has
not made such a showing. Accordingly, we deny mandamus relief. 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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