UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6362
In Re: EL SHADDAI MASADA,
Petitioner.
On Petition for Writ of Mandamus.
(CA-01-2536-9-17BG)
Submitted: April 25, 2002 Decided: May 8, 2002
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
El Shaddai Masada, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
El Shaddai Masada filed this mandamus petition seeking to
compel the district court to reinstate two dismissed defendants in
his civil action. Mandamus is a drastic remedy only to be used in
extraordinary circumstances. In re Beard, 811 F.2d 818, 826-27
(4th Cir. 1987). Mandamus relief is available only when the
petitioner has a clear and indisputable right to the relief sought
and there are no other adequate means for obtaining the requested
relief. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35
(1980); Beard, 811 F.2d at 826. Mandamus is not a substitute for
appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.
1979). Because Masada has not demonstrated both a clear right to
relief and the absence of other means to obtain the relief, we deny
the petition.
We grant Masada’s motion to proceed in forma pauperis. We
deny Masada’s motion for recusal of the magistrate judge, for
sanctions, and to consolidate this case with another mandamus
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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