26 F. App'x 368

In re Andre Gerard LEWIS, Petitioner.

No. 01-7795.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 26, 2001.

Decided Feb. 12, 2002.

Andre Gerard Lewis, pro se.

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

PER CURIAM.

Andre Gerard Lewis filed a petition for a writ of mandamus seeking an order compelling the district court to enter an order on his motion to inspect grand jury transcripts. We deny the petition.

Mandamus is a drastic remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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 it may not be used as a substitute for *369appeal. 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, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980). Lewis has not made such a showing. Accordingly, we deny his petition for a writ of mandamus. Lewis’ request to proceed in for-ma pauperis is granted.

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.

In re Lewis
26 F. App'x 368

Case Details

Name
In re Lewis
Decision Date
Feb 12, 2002
Citations

26 F. App'x 368

Jurisdiction
United States

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