UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1782
In Re: DAVID P. FARLEY,
Petitioner.
On Petition for Writ of Mandamus (CA-03-30-5)
Submitted: October 14, 2004 Decided: October 19, 2004
Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David P. Farley, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David P. Farley petitions for writ of mandamus seeking to
file an untimely appeal and to consolidate certain motions.
Mandamus is a drastic remedy to be used only in extraordinary
circumstances. Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976). In seeking mandamus relief, Farley carries the heavy
burden of showing that he has no other adequate means to attain the
relief sought and that his right to such relief is clear and
indisputable. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135,
138 (4th Cir. 1988). We find that Farley has failed to meet this
burden. Accordingly, although we grant Farley’s motion to proceed
in forma pauperis, we deny the mandamus petition. 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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