UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-1308
In Re: HOMER W. WALKER,
Petitioner.
On Petition for Writ of Mandamus. (CA-95-450-5-BO)
Submitted: May 25, 1999 Decided: June 1, 1999
Before ERVIN, WILKINS, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Homer W. Walker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Homer W. Walker has filed a petition for a writ of mandamus
seeking an order to set aside a prefiling injunction entered by
the district court. 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. See 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). Walker 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 materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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