UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1356
In Re: GEORGIA A. GREEN,
Petitioner.
On Petition for Writ of Mandamus. (BK-00-6924)
Submitted: April 24, 2003 Decided: May 2, 2003
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Georgia A. Green, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Georgia A. Green filed a petition for a writ of mandamus
requesting this court to compel the bankruptcy court judge to
protect her property rights. Mandamus is a drastic remedy, which
will only be granted in extraordinary circumstances. See In re
Beard, 811 F.2d 818, 826 (4th Cir. 1987) (citing Kerr v. United
States Dist. Court, 426 U.S. 394 (1976)). The party seeking
mandamus relief has the heavy burden of showing that he has no
other adequate avenues of relief and that his right to the relief
sought is “clear and indisputable.” Allied Chem. Corp. v. Daiflon,
Inc., 449 U.S. 33, 35 (1980) (citations omitted); In re First Fed.
Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). We find that
Green has not met her burden of proving that mandamus is the proper
remedy in this situation. Rather, Green has an adequate remedy in
that she could appeal from the bankruptcy court’s orders. See In
re United Steelworkers of Am., 595 F.2d 958, 960 (4th Cir. 1979)
(mandamus may not be used as substitute for appeal).
Accordingly, while we grant Green’s motion for leave to
proceed in forma pauperis, we deny her 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
2