UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6283
In Re: SCOTT LEE SHARP,
Petitioner.
On Petition for Writ of Mandamus. (CR-99-82)
Submitted: May 17, 2001 Decided: May 25, 2001
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Scott Lee Sharp, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Scott Lee Sharp has filed a petition for a writ of mandamus
seeking reversal of a magistrate judge’s order denying Sharp’s
motion for recusal. 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). Sharp has not made such a
showing. Accordingly, we deny his motion to proceed in forma pau-
peris and deny mandamus relief. We grant Sharp’s motions to waive
filing of multiple copies of his petition. 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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