UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7385
In Re: ALFRED F. WORLEY,
Petitioner.
On Petition for Writ of Mandamus. (CA-00-13-1-MU)
Submitted: January 14, 2004 Decided: March 23, 2004
Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Alfred F. Worley, Petitioner pro se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alfred F. Worley has filed a petition for writ of
mandamus asking this court to dismiss the state criminal charges
pursuant to which he is incarcerated and to grant any other
appropriate relief. 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 available only 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). Worley has
not made such a showing. Accordingly, we deny Worley’s motion for
leave to proceed in forma pauperis, deny his motion to expedite,
and dismiss 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 DISMISSED
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