In Re: Milton Mccray, Petitioner, 37 F.3d 1494 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 37 F.3d 1494 (4th Cir. 1994) Submitted Aug. 25, 1994. Decided Oct. 17, 1994

On Petition for Writ of Mandamus.

Milton McCray, Petitioner Pro Se.

PETITION DENIED.

Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM:


Milton McCray petitions this Court for a Writ of Mandamus prohibiting the district court from enforcing its standing order that allows defendants represented by the attorney general's office to respond to a prisoner's complaint within sixty days of service. A writ of mandamus is a drastic remedy and the party seeking mandamus relief carries the heavy burden of showing that he has no other means of relief available and that his right to such relief is clear and indisputable. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). McCray has not shown that he has no other means of relief available. Accordingly, although we grant leave to proceed in forma pauperis, we deny McCray's application for a Writ of Mandamus. We also deny his motion to appoint counsel.

PETITION DENIED.

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