UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7150
In Re: JOHNNY LEE GORE,
Petitioner.
On Petition for Writ of Mandamus. (CA-02-1894)
Submitted: August 29, 2002 Decided: September 9, 2002
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Johnny Lee Gore, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Johnny Lee Gore petitions this court for a writ of mandamus to
compel the United States Attorney for the District of South
Carolina to release him. 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, see In re Beard, 811 F.2d 818, 826 (4th Cir. 1987), and it
may not be used as a substitute for appeal. In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). 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
right to such relief is clear and indisputable. Allied Chem. Corp.
v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Gore has not made such a
showing. Accordingly, although we grant Gore’s request to proceed
in forma pauperis, we deny his petition for a writ of mandamus.
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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