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In re Bush v.

In Re Barbara Michelle BUSH, Petitioner

In re Bush v., 47 F. App'x 676 (4th Cir. 2002)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
October 10, 2002
Docket
No. 02-1951
Judges
Wilkins, Motz, Traxler
Citations
47 F. App'x 676
Status
Unpublished

Opinion — Per Curiam

PER CURIAM.

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.

PETITION DENIED.

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Authorities cited 4

DepthCaseCited by
Kerr v. United States Dist. Court for Northern Dist. of Cal., 426 U.S. 394 (1976) 2,642
Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33 (1980) 1,533
In re Diana R. Beard, (Two Cases), 811 F.2d 818 (4th Cir. 1987) 1,008
In re Catawba Indian Tribe of S.C., 973 F.2d 1133 (4th Cir. 1992) 94

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