In re: Buster A. Yancey, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6282
In Re: BUSTER A. YANCEY, JR.,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: April 12, 2001 Decided: April 19, 2001
Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Buster A. Yancey, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Buster A. Yancey, Jr., has filed a petition for a writ of
mandamus from this court ordering the district court to release him
from custody. 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). Yancey has
not made such a showing.
Accordingly, we deny Yancey’s petition for mandamus and his
motion to proceed in forma pauperis. We dispense with oral argu-
ment because the facts and legal contentions are adequately pre-
sented in the materials before the court and argument would not aid
the decisional process.
PETITION DENIED

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