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47 F. App'x 676

In Re: Bush v.

U.S. Courts of Appeals

Decided October 10, 2002

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U.S. Courts of Appeals · decided 2002-10-10

Relies on Kerr v. United States Dist. Court for Northern Dist. of Cal. · Allied Chemical Corporation v. Daiflon Inc · In Re Diana R Beard et Als

Decided 2002-10-10

PER CURIAM.

¶1 Barbara M. Bush has filed a petition for a writ of mandamus seeking to have this court compel the district court to make special accommodations for her in pursuing a civil action due to her medical problems. Mandamus is a drastic remedy and should only be used in extraordinary situations. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir.1987). Mandamus relief is only available when there are no other means by which the relief sought could be granted, Beard, 811 F.2d at 826, and may not be used as a substitute for appeal. In re Catawba Indian Tribe, 973 F.2d 1133, 1135 (4th Cir.1992). The party seeking mandamus relief carries the heavy burden of showing that she has no other adequate means to attain the relief she desires and that her entitlement to such relief is clear and indisputable. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980). Bush has not made such a showing. Therefore, although we grant leave to proceed in forma pauperis, we deny Bush’s petition for a writ of mandamus. 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.

¶2 PETITION DENIED.

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