UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7555
In Re: JAMES L. PADGETT, JR.; ROBERT F. DIEHL,
Petitioners.
On Petition for Writ of Mandamus. (CA-98-1259-12-AK)
Submitted: April 15, 1999 Decided: April 21, 1999
Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
James L. Padgett, Jr., Robert F. Diehl, Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James L. Padgett, Jr., and Robert F. Diehl have filed a peti-
tion for a writ of mandamus from this court seeking an order en-
joining the warden of Kershaw Correctional Institution in Kershaw,
South Carolina, from enforcing certain policies regarding prisoners
in the segregation unit at that institution. 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
relief 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 S. Carolina, 973 F.2d 1133, 1135 (4th
Cir. 1992). The more appropriate forum for the petitioners’ claims
regarding the warden’s actions is a civil complaint under 42 U.S.C.
§ 1983 (1994). Accordingly, we deny mandamus relief. We dispense
with oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.
PETITION DENIED
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