UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6567
In Re: BERNARD S. LEVI,
Petitioner.
On Petition for Writ of Mandamus. (CA-00-2318)
Submitted: May 16, 2002 Decided: May 28, 2002
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bernard S. Levi, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bernard S. Levi filed this mandamus petition seeking to compel
prison officials to restrain from tampering with his legal mail.
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. Levi has not demonstrated his right to the relief sought and
he has an adequate remedy in that he may file a civil complaint in
district court. We find Levi is not entitled to the drastic remedy
of mandamus relief.
We grant Levi’s motion for leave to proceed in forma pauperis
and deny as unnecessary Levi’s motion to waive the filing fee. We
deny Levi’s motions for a preliminary injunction and temporary
restraining order. 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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