UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6544
In Re: HOMER RICHARDS,
Petitioner.
On Petition for Writ of Mandamus.
(CR-93-62-A, CA-97-634-AM)
Submitted: July 13, 2000 Decided: July 24, 2000
Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Homer Richards, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Homer Richards has filed a petition for a writ of mandamus
seeking an order directing the district court to hold an eviden-
tiary hearing and make findings of fact and conclusions of law as
to “potential claims” that the district court allegedly overlooked
when ruling on Richards’ unsuccessful 28 U.S.C.A. § 2255 (West 1994
& Supp. 2000) motion. Mandamus is a drastic remedy to be used on
in extraordinary circumstances. See Kerr v. United States Dist.
Court, 426 U.S. 394, 402 (1976). 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). Richards has not made such a
showing. Accordingly, we deny his motion for leave to proceed in
forma pauperis and dismiss the mandamus petition. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
PETITION DISMISSED
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