UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1782

In Re: DAVID P. FARLEY,

Petitioner.

On Petition for Writ of Mandamus (CA-03-30-5)

Submitted: October 14, 2004 Decided: October 19, 2004

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

David P. Farley, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

David P. Farley petitions for writ of mandamus seeking to

file an untimely appeal and to consolidate certain motions.

Mandamus is a drastic remedy to be used only in extraordinary

circumstances. Kerr v. United States Dist. Court,

(1976). In seeking mandamus relief, Farley carries the heavy

burden of showing that he has no other adequate means to attain the

relief sought and that his right to such relief is clear and

indisputable. In re First Fed. Sav. & Loan Ass’n,

(4th Cir. 1988). We find that Farley has failed to meet this

burden. Accordingly, although we grant Farley’s motion to proceed

in forma pauperis, 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

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