UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6782
In Re: GEORGE SAMUEL GREEN, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CA-99-2063-2)
Submitted: September 6, 2001 Decided: September 13, 2001
Before WIDENER, WILLIAMS, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
George Samuel Green, Jr., Petitioner pro se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George Samuel Green petitions this court for a writ of
mandamus overturning the Supreme Court of Virginia’s decision
dismissing his habeas petition. We find that mandamus relief is
not warranted. Mandamus is a drastic remedy, only to be granted in
extraordinary circumstances. In re Beard, 811 F.2d 818, 826 (4th
Cir. 1987). The party seeking mandamus relief has the heavy burden
of showing that he has no other adequate avenues of relief and that
his right to the relief sought is clear and indisputable. Mallard
v. United States Dist. Court, 490 U.S. 296, 309 (1989). Assuming
he meets the procedural prerequisites, Green may challenge his
underlying conviction by way of federal habeas review. Further, he
presents no evidence to support his contentions of judicial bias.
Therefore, because there are other adequate means to attain relief
and because Green has failed to support his claim, his right to
mandamus relief is not clear and indisputable. See United States
ex rel. Rahman v. Oncology Assoc. P.C., 198 F.3d 502, 511 (4th Cir.
1999). Accordingly, we deny permission to proceed in forma
pauperis and deny the 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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