UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6941
In Re: MICHAEL ALLEN KOKOSKI,
Petitioner.
On Petition for Writ of Mandamus. (5:06-cv-00849)
Submitted: July 31, 2007 Decided: August 17, 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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 this court for a writ of
mandamus ordering his immediate release from the Federal Bureau of
Prisons. 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). Kokoski failed to show he is
entitled to the relief he seeks and we deny his petition for writ
of mandamus. We grant his motion for leave to proceed in forma
pauperis. 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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