UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6108
In Re: MICHAEL ALLEN KOKOSKI,
Petitioner.
On Petition for Writ of Mandamus.
(5:06-cv-00763)
Submitted: February 23, 2007 Decided: March 27, 2007
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Michael Allen Kokoski, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Allen Kokoski petitions for writ of mandamus,
seeking an order directing the district court to relinquish
jurisdiction over his motion for immediate release and having this
court review the merits of the motion. We deny the petition.
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 right to such relief is “clear
and indisputable.” Allied Chem. Corp. v. Daiflon, Inc., 449 U.S.
33, 35 (1980) (citations omitted); In re First Fed. Sav. & Loan
Ass’n, 860 F.2d 135, 138 (4th Cir. 1988); In re Beard, 811 F.2d
818, 826 (4th Cir. 1987) (citing Kerr v. United States Dist. Court,
426 U.S. 394 (1976)).
Because Kokoski has other adequate means to attain the
relief he requires, such as an appeal if the district court
disposes of his motion unfavorably to him, we find he is not
entitled to mandamus relief.*
Accordingly, we deny the petition for writ of mandamus as
frivolous. 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
*
Kokoski has filed in this court several unsuccessful and
wasteful motions for petitions for writs of mandamus. If Kokoski
continues to abuse the judicial system by filing such frivolous
motions, he may be sanctioned and/or enjoined from filing mandamus
petitions without leave of court.
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