In Re: Jaffe v.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 04-2468

In Re: ALLEN V. JAFFE,

Petitioner.

On Petition for Writ of Mandamus. (CA-03-799)

Submitted: February 9, 2005 Decided: February 22, 2005

Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Allen V. Jaffe, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Allen V. Jaffe petitions this court for a writ of

mandamus to compel the district court to vacate its October 5, 2004

order imposing sanctions against him and to order the presiding

judge to recuse himself. 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). We deny Jaffe’s petition

for 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

decisional process.

PETITION DENIED

- 2 -