UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6703
In Re: KELVIN J. MILES,
Petitioner.
On Petition for Writ of Mandamus.
(CA-05-1139-8-AW)
Submitted: August 17, 2005 Decided: September 21, 2005
Before LUTTIG, MICHAEL, and GREGORY, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Kelvin J. Miles, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kelvin J. Miles petitions this court for a writ of
mandamus. He seeks review of a recent district court decision
denying his petition filed pursuant to the All Writs Act. Mandamus
is a drastic remedy and should be used only in extraordinary
situations. See Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Mandamus relief is only available when there are no other means by
which the relief sought could be granted, Beard, 811 F.2d at 826,
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 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 indisputable.
Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Miles
has failed to make the required showing. We deny the motions for
leave to proceed in forma pauperis and for appointment of counsel
and dismiss the 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 DISMISSED
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