In Re: Nagy v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7656
In Re: PAUL NAGY,
Petitioner.
On Petition for Writ of Mandamus.
(5:98-hc-00951-BR)
Submitted: October 18, 2006 Decided: November 1, 2006
Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Paul Nagy, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Paul Nagy petitions this court for a writ of mandamus,
seeking disqualification of the district court, his attorney, and
a therapist. Mandamus is a drastic remedy and should be used only
in extraordinary situations. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir.
1987). Mandamus relief is only available when there are no other
means by which the relief sought could be granted, id., and may
not be used as a substitute for appeal. In re Catawba Indian
Tribe, 973 F.2d 1133, 1135 (4th Cir. 1992). 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
entitlement to such relief is clear and indisputable. Allied Chem.
Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Nagy has failed to
make the requisite showing, and we dismiss the mandamus petition.
We deny the motions for leave to proceed in forma pauperis, for
hearing en banc, and for disqualification of certain judges, 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. The emergency
motion to expedite is denied as moot.
PETITION DISMISSED
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