UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6373
In Re: ALBERT CURTIS MILLS,
Petitioner.
On Petition for Writ of Mandamus
(CA-04-3639)
Submitted: July 27, 2005 Decided: August 4, 2005
Before KING, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Albert Curtis Mills, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Albert Curtis Mills filed a petition for writ of mandamus
requesting this court to order prison officials to exterminate the
mice from the prison facility. Mandamus is a drastic remedy, which
will only be granted in extraordinary circumstances. In re Beard,
811 F.2d 818, 826 (4th Cir. 1987) The party seeking mandamus
relief has the heavy burden of showing that he has no other
adequate avenue of relief and that his right to the relief sought
is “clear and indisputable.” Allied Chem. Corp. v. Daiflon, Inc.,
449 U.S. 33, 35 (1980); In re First Fed. Sav. & Loan Ass’n, 860
F.2d 135, 138 (4th Cir. 1988). Because Mills has other means of
challenging his prison conditions, we find that he has not met his
burden.
Accordingly, we deny Mills’ 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
- 2 -