Stuart WayneTompkins

Filing 920090219

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2055

In Re:

STUART WAYNE TOMPKINS, Petitioner.

On Petition for Writ of Mandamus.

(1:08-cv-00322-GCM)

Submitted:

January 21, 2009

Decided:

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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

receiving

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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