UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7210
In Re: STEVE ALLEN STEELMAN,
Petitioner.
On Petition for Writ of Mandamus.
(CA-97-107-5-V, CR-94-11-5-V)
Submitted: January 25, 2000 Decided: February 8, 2000
Before WIDENER, MOTZ, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Steve Allen Steelman, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Steve Allen Steelman has filed a petition for writ of mandamus
in this Court to compel the district court to enter a final order
in his 28 U.S.C. § 2255 action, which he filed in the district
court in August 1997. We deny Steelman’s request without prejudice
to his refiling a request for mandamus relief from this Court
should the district court not act within a reasonable time from
this opinion.
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), and Steelman carries the heavy burden of establishing
that he has no other adequate means to attain relief and that his
entitlement to such relief is clear and indisputable. See Allied
Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980).
We have reviewed the district court’s docket report in this
case and conclude that after an inordinately lengthy delay in its
consideration of Steelman’s case, the court has resumed active
consideration of it. Therefore, it appears that a decision from
the court is forthcoming, and Steelman’s entitlement to mandamus
relief is not at this point clear and indisputable. We therefore
deny Steelman’s petition without prejudice to his refiling should
the court not issue a decision within a reasonable time. We grant
his motion to proceed in forma pauperis in this Court. We dispense
with oral argument because the facts and legal contentions are
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adequately presented in the materials before the Court and argument
would not aid the decisional process.
PETITION DENIED
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