UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1095
In Re: MONICA B. YOUNG,
Petitioner.
On Petition for Writ of Mandamus. (CA-01-151-H4)
Submitted: April 10, 2002 Decided: May 6, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Monica B. Young, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Monica B. Young has filed a petition for a writ of mandamus
asking this court to direct the district court to issue summonses
in cases previously dismissed by the district court and whose
dismissals were affirmed on appeal. 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).
Young has not made such a showing. Accordingly, although we
grant Young’s motion to proceed on appeal in forma pauperis, we
deny her 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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