UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7481
In Re: SIMON BANKS,
Petitioner.
On Petition for Writ of Mandamus. (CR-04-249-1-MG)
Submitted: March 21, 2005 Decided: April 15, 2005
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Simon Banks, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Simon Banks petitions this court for a writ of mandamus
to compel the district court to stay an order denying his motion
for removal and remanding the case to state court. 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 Banks’
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
- 2 -