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    In Re: Mills V., 4th Cir. (2005)

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    Albert Curtis Mills filed a petition for a writ of mandamus requesting the court to order prison officials to exterminate mice from the prison facility. The court denied the petition, stating that mandamus is a drastic remedy only granted in extraordinary circumstances. Mills did not meet the heavy burden of showing he had no other adequate avenue of relief and that his right to the relief sought was clear and indisputable. As Mills had other means to challenge his prison conditions, the court found he did not meet his burden and denied the petition.

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    In Re: Mills V., 4th Cir. (2005)

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    Albert Curtis Mills filed a petition for a writ of mandamus requesting the court to order prison officials to exterminate mice from the prison facility. The court denied the petition, stating that mandamus is a drastic remedy only granted in extraordinary circumstances. Mills did not meet the heavy burden of showing he had no other adequate avenue of relief and that his right to the relief sought was clear and indisputable. As Mills had other means to challenge his prison conditions, the court found he did not meet his burden and denied the petition.

    Original Description:

    Filed: 2005-08-04 Precedential Status: Non-Precedential Docket: 05-6373

    Original Title

    In re: Mills v., 4th Cir. (2005)

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    Albert Curtis Mills filed a petition for a writ of mandamus requesting the court to order prison officials to exterminate mice from the prison facility. The court denied the petition, stating that mandamus is a drastic remedy only granted in extraordinary circumstances. Mills did not meet the heavy burden of showing he had no other adequate avenue of relief and that his right to the relief sought was clear and indisputable. As Mills had other means to challenge his prison conditions, the court found he did not meet his burden and denied the petition.

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    40 views2 pages

    In Re: Mills V., 4th Cir. (2005)

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    Albert Curtis Mills filed a petition for a writ of mandamus requesting the court to order prison officials to exterminate mice from the prison facility. The court denied the petition, stating that mandamus is a drastic remedy only granted in extraordinary circumstances. Mills did not meet the heavy burden of showing he had no other adequate avenue of relief and that his right to the relief sought was clear and indisputable. As Mills had other means to challenge his prison conditions, the court found he did not meet his burden and denied the petition.

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    of 2

    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.
    811 F.2d 818, 826 (4th Cir. 1987)

    In re Beard,

    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 Assn, 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.
    oral

    argument,

    because

    the

    facts

    and

    legal

    We dispense with
    contentions

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    PETITION DENIED

    - 2 -

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