UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-529
In Re: DOUGLAS ROSS, a/k/a Jabari Zakiya,
Petitioner.
On Petition for Writ of Mandamus. (CA-96-744-JFM)
Submitted: June 20, 1996 Decided: June 28, 1996
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Douglas Ross, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Douglas Ross has filed a petition for a writ of mandamus seek-
ing an order directing the district court to convene a hearing on
why the Bureau of Prisons continues to incarcerate him after his
mandatory release date. Ross recently filed a habeas corpus action
in the district court challenging his allegedly illegal incarcer-
ation. We deny the petition.
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 only available 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 United Steelworkers, 595 F.2d 958, 960 (4th Cir.
1979). 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). Ross has not made such a showing. Accordingly, although we
grant Ross's application to proceed in forma pauperis, we deny his
petition for a 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 deci-
sional process.
PETITION DENIED
2
In re: Ross v.
Combined Opinion