UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1417
In Re: DR. SIMON BANKS, J.D.,
Petitioner.
On Petition for Writ of Mandamus
(CA-04-399)
Submitted: May 13, 2004 Decided: May 18, 2004
Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dr. Simon Banks, J.D., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dr. Simon Banks, J.D., petitions this court for writ of
mandamus seeking to compel the district court and the District of
Columbia Court of Appeals to stay proceedings. Mandamus is a
drastic remedy to be used only in extraordinary circumstances. In
re Beard, 811 F.2d 818, 826 (4th Cir. 1987) (citing Kerr v. United
States Dist. Court, 426 U.S. 394, 402 (1976)). It is available
only when there are no other means by which the relief sought could
be granted. Id. Mandamus 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
undisputable. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35
(1980).
We find Banks has not shown he is entitled to the relief
he seeks. Accordingly, we deny the petition for writ of mandamus.
Insofar as the petition for writ of mandamus may have sought other
forms of relief, we deny those requests. We also deny his motion
for an injunction. 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 -