UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2468
In Re: ALLEN V. JAFFE,
Petitioner.
On Petition for Writ of Mandamus. (CA-03-799)
Submitted: February 9, 2005 Decided: February 22, 2005
Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Allen V. Jaffe, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Allen V. Jaffe petitions this court for a writ of
mandamus to compel the district court to vacate its October 5, 2004
order imposing sanctions against him and to order the presiding
judge to recuse himself. 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 bears the heavy burden of showing he has no other
adequate means to obtain the relief sought and that his entitlement
to relief is “clear and indisputable.” Allied Chem. Corp. v.
Daiflon, Inc., 449 U.S. 33, 35 (1980). We deny Jaffe’s petition
for 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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