In Re: Charles William Levy, Petitioner, 73 F.3d 358 (4th Cir. 1995)

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US Court of Appeals for the Fourth Circuit - 73 F.3d 358 (4th Cir. 1995)

Submitted: December 14, 1995. Decided: December 22, 1995


Charles William Levy, Petitioner Pro Se.

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

PER CURIAM:


Charles Levy has filed a petition for a writ of mandamus seeking an order from this court which would allow him to distribute his campaign literature in a shopping center in Annandale, Virginia. 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 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 (1980). Levy has not made such a showing. Accordingly, although we grant Levy's application to proceed in forma pauperis, we deny 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