UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
STUART WAYNE TOMPKINS, Petitioner.
On Petition for Writ of Mandamus.
January 21, 2009
February 19, 2009
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Stuart Wayne Tompkins, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Stuart Wayne Tompkins, a North Carolina prisoner,
petitions for a writ of mandamus. had difficulty sending and
Tompkins asserts that he has mail at Mountain View
Correctional Institution, and he seeks an order compelling a federal investigation. We deny the petition.
A writ of mandamus is a drastic remedy to be used only in extraordinary circumstances. Court, 426 U.S. 394, 402 (1976). available relief. only when there is no Kerr v. United States Dist. Relief under this writ is other means for obtaining The
In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
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." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Tompkins has not made such a showing in this case. Accordingly, we deny the petition. 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
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