In re: Mills v.

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6373

In Re: ALBERT CURTIS MILLS,

Petitioner.

On Petition for Writ of Mandamus (CA-04-3639)

Submitted: July 27, 2005 Decided: August 4, 2005

Before KING, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Albert Curtis Mills, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Albert Curtis Mills filed a petition for writ of mandamus

requesting this court to order prison officials to exterminate the

mice from the prison facility. Mandamus is a drastic remedy, which

will only be granted in extraordinary circumstances. In re Beard,

811 F.2d 818, 826 (4th Cir. 1987) The party seeking mandamus

relief has the heavy burden of showing that he has no other

adequate avenue of relief and that his right to the relief sought

is “clear and indisputable.” Allied Chem. Corp. v. Daiflon, Inc.,

449 U.S. 33, 35 (1980); In re First Fed. Sav. & Loan Ass’n, 860

F.2d 135, 138 (4th Cir. 1988). Because Mills has other means of

challenging his prison conditions, we find that he has not met his

burden.

Accordingly, we deny Mills’ 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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