In re: Terry W. Stewart

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4719
In Re: TERRY W. STEWART,
Petitioner.
On Petition for Writ of Mandamus. (CR-01-11)
Submitted: December 14, 2001 Decided: January 2, 2002
Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Terry W. Stewart, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Terry W. Stewart has filed a petition for a writ of mandamus
asking that this court compel the district court judge in his case
to recuse himself on account of bias. 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
Catawba Indian Tribe, 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 entitlement to such relief is clear and indisputable.
Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980).
Stewart has not made such a showing. Accordingly, we deny
Stewart’s petition for 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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