U.S. Court of Appeals for the Fourth Circuit, 2002

In re: Masada v.

In re: Masada v.
U.S. Court of Appeals for the Fourth Circuit · Decided May 8, 2002 · Williams, King, Hamilton
34 F. App'x 109

In re: Masada v.

Opinion

PER CURIAM.

El Shaddai Masada filed this mandamus petition seeking to compel the district court to expedite its consideration of his 42 U.S.C.A. § 1983 (West Supp. 2001) action. Mandamus is a drastic remedy only to be used in extraordinary circumstances. In re Beard, 811 F.2d 818, 826-27 (4th Cir. 1987). Mandamus relief is available only when the petitioner has a clear and indisputable right to the relief sought and there are no other adequate means for obtaining the requested relief. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980); Beard, 811 F.2d at 826. Masada has failed to make the requisite showing for such extraordinary relief. Our review of the district court docket sheet discloses that there has been no undue delay in Masada’s § 1983 action.

We grant Masada’s motion to proceed in forma pauperis. We deny Masada’s motions for sanctions and to consolidate this case with another 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.

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