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In re Kokoski

United States Court of Appeals, Fourth Circuit
Jun 19, 2007
229 F. App'x 269 (4th Cir. 2007)

Opinion

No. 07-6246.

Submitted: June 6, 2007.

Decided: June 19, 2007.

On Petition for Writ of Mandamus. (5:02-cv-01254).

Michael Allen Kokoski, Petitioner Pro Se.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Michael Allen Kokoski petitions for a writ of mandamus seeking an order compelling the district court to act on post-judgment motions. We deny the petition.

The party seeking mandamus relief carries the heavy burden of showing that he has "no other adequate means to attain the relief he desires" and that his right to such relief is "clear and indisputable." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980) (citations omitted); In re: First Fed. Sav. Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988); In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987) (citing Kerr v. United States Dist. Court, 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976)).

Because the district court disposed of every motion Kokoski filed, there is nothing for this court to do. Accordingly, we deny the petition for writ of mandamus. 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.


Summaries of

In re Kokoski

United States Court of Appeals, Fourth Circuit
Jun 19, 2007
229 F. App'x 269 (4th Cir. 2007)
Case details for

In re Kokoski

Case Details

Full title:In re: Michael Allen KOKOSKI, Petitioner

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 19, 2007

Citations

229 F. App'x 269 (4th Cir. 2007)