UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4843
In Re: TERRY W. STEWART,
Petitioner.
On Petition for Writ of Mandamus. (CR-01-11)
Submitted: February 8, 2002 Decided: February 21, 2002
Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Terry W. Stewart, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Terry W. Stewart has filed a petition for a writ of mandamus
asking this court to direct the district court to compel the
government to furnish him with a Bill of Particulars. 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 Catawba Indian Tribe, 973 F.2d 1133, 1135 (4th Cir.
1992). 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 entitlement to such relief is clear and
indisputable. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35
(1980).
Stewart has not made such a showing. Accordingly, we deny
Stewart’s petition for mandamus relief. 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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