Charles Rippy, Jr., No. 08-2262 (4th Cir. 2008)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2262 In Re: CHARLES A. RIPPY, JR., Petitioner. On Petition for Writ of Mandamus and Writ of Prohibition. Submitted: December 16, 2008 Decided: December 19, 2008 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Charles A. Rippy, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles A. Rippy, Jr., a North Carolina prisoner, petitions for a writ of mandamus and a writ of prohibition. He challenges his criminal conviction and seeks the appointment of a new attorney and DNA testing. A writ of We deny the petition. mandamus and a writ of prohibition are drastic remedies to be used only in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976) (writ of mandamus); In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983) (writ of prohibition). Relief under these writs is only available when there are no other means by which the relief sought could be granted. Cir. 1987). In re Beard, 811 F.2d 818, 826 (4th 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. U.S. 33, 35 Accordingly, Allied Chem. Corp. v. Daiflon, Inc., 449 (1980). although Rippy we has grant pauperis, we deny the petition. not leave made to such proceed a showing. in forma 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 2
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