In Re: Anderson v.

296 F. App'x 347

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 16, 2008
• Docket: 08-1831
• Status: Unpublished

Opinion

PER CURIAM:

James Christopher Anderson petitions for a writ of mandamus, seeking an order that North Carolina allow conjugal visits for its married prisoners. Mandamus is a drastic remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 894, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). “The courts are extremely reluctant to grant a writ of mandamus.” In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984). In seeking mandamus relief, Anderson carries the heavy burden of showing that he has no other adequate means to obtain the relief requested, and that his right to such relief is clear and indisputable. In re First Fed. Sav. & Loan Ass’n v. Baker, 860 F.2d 135, 138 (4th Cir.1988). The Constitution does not guarantee conjugal visitation privileges to incarcerated persons. Turner v. Safley, 482 U.S. 78, 95-96, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987). Accordingly, we deny the mandamus 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.