In Re: Nagy v.

Filing 920061101


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7656 In Re: PAUL NAGY, Petitioner. On Petition for Writ of Mandamus. (5:98-hc-00951-BR) Submitted: October 18, 2006 Decided: November 1, 2006 Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Paul Nagy, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Paul Nagy petitions this court for a writ of mandamus, seeking disqualification of the district court, his attorney, and a therapist. Mandamus is a drastic remedy and should be used only Kerr v. United States Dist. Court, in extraordinary situations. 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus relief is only available when there are no other id., and may means by which the relief sought could be granted, not be used as a substitute for appeal. In re Catawba Indian The party seeking Tribe, 973 F.2d 1133, 1135 (4th Cir. 1992). mandamus relief carries the heavy burden of showing that he has no other adequate means to attain the relief he desires and that his entitlement to such relief is clear and indisputable. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Nagy has failed to make the requisite showing, and we dismiss the mandamus petition. We deny the motions for leave to proceed in forma pauperis, for hearing en banc, and for disqualification of certain judges, and 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. motion to expedite is denied as moot. The emergency PETITION DISMISSED - 2 -

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