UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6168
In Re: DENNIS I. GREEN,
Petitioner.
On Petition for Writ of Mandamus.
(CA-99-571-CT-5)
Submitted: March 23, 2000 Decided: March 31, 2000
Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dennis I. Green, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dennis I. Green brought this petition for a writ of mandamus
requesting this court to order the district court to accept
jurisdiction to hear his mandamus petition filed in that court in
which he sought release from prison. The district court dismissed
the petition and noted that Green’s claims could be addressed in a
motion pursuant to 28 U.S.C.A. § 2255 (West Supp. 1999).
Green has not met his 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 Chemical
Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Green could have
noted an appeal from the district court’s order,* see In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979) (mandamus is not a
substitute for appeal), or he could file a motion in the district
court pursuant to § 2255 or 28 U.S.C. § 2241 (1994). Therefore, we
deny the petition for writ of mandamus. 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
*
To the extent that Green intended this petition as a notice
of appeal from the district court’s denial of his mandamus
petition, his appeal is untimely. See Fed. R. App. P. 4(a)(1).
2