In re: Fleming Macon Pleasants

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7210
In Re: FLEMING MACON PLEASANTS,
Petitioner.
On Petition for Writ of Mandamus.
(CA-98-917-5-F, CR-96-21-F)
Submitted: November 8, 2001 Decided: November 16, 2001
Before WILKINS, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Fleming Macon Pleasants, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Fleming Pleasants filed a petition for a writ of mandamus
seeking an order compelling the district court to rule on his 28
U.S.C.A. § 2255 (West Supp. 2001) motion. We deny the petition.
A writ of mandamus is a drastic remedy to be used only in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976) (writ of mandamus). Relief under this
writ 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). The party seeking 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.” See Allied Chem. Corp. v. Daiflon, Inc., 449 U.S.
33, 35 (1980). Pleasants has not made such a showing. Accord-
ingly, we deny his petition for a writ of mandamus. Pleasants’
motion to proceed in forma pauperis is granted. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
PETITION DENIED

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