UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-540
In Re: WILBERT GUICE,
Petitioner.
On Petition for Writ of Mandamus. (CR-96-240)
Submitted: June 19, 1997 Decided: June 27, 1997
Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Wilbert Guice, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Wilbert Guice has filed a petition for a writ of mandamus from
this court seeking an order compelling the district court to dis-
miss the criminal indictment against him. Mandamus is a drastic
remedy to be used only in extraordinary circumstances. See Kerr v.
United States Dist. Court, 426 U.S. 394, 402 (1976). Mandamus re-
lief is only available when there are no other means by which the
relief sought could be granted, see 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 of South Carolina, 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 right to such relief is "clear
and indisputable." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S.
33, 35 (1980). Guice has not made such a showing. Accordingly, we
deny mandamus relief. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the Court and argument would not aid the decisional
process.
PETITION DENIED
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