Weldon v. U.S. Attorney for Middle District.
Weldon v. U.S. Attorney for Middle District.
Opinion of the Court
OPINION
Robert C. Weldon, a pro se prisoner, appeals the dismissal of a mandamus petition that he filed pursuant to 28 U.S.C. § 1361 in the United States District Court for the Middle District of Pennsylvania.
Weldon alleges that prison officials violated his civil rights by disclosing to other inmates that he was convicted of a sex offense. Weldon alleges that prison officials called him a “homosexual pedophile” and falsely accused him on three separate occasions of committing homosexual acts, which has further incited other inmates to abuse Weldon with the prison officials’
The District Court dismissed Weldon’s mandamus petition pursuant to § 28 U.S.C.1915(e)(2), on the basis that mandamus is an extraordinary remedy to which Weldon was not entitled. Weldon appealed, and appellees filed a motion for summary affirmance.
As the District Court observed, the remedy of mandamus is reserved for the most “extraordinary situations.” DeMasi v. Weiss, 669 F.2d 114, 117 (3d Cir. 1982). In order to ensure that mandamus is sparingly granted, a petitioner seeking a writ of mandamus must demonstrate that no other adequate means are available to obtain the desired relief and that the right to issuance of the writ 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); Media Gen. Operations, Inc. v. Buchanan, 417 F.3d 424, 434 (4th Cir. 2005). As Weldon’s petition involves matters that can be pursued through a civil action pursuant to 42 U.S.C. § 1983, Weldon has not established that mandamus relief is warranted.
Accordingly, we will grant appellee’s motion and summarily affirm the order of the District Court.
. Weldon also cites 28 U.S.C. § 1651 as a basis for the District Court’s jurisdiction, but the substance of his petition falls squarely within the scope of § 1361, which authorizes the District Courts "to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.”
Reference
- Full Case Name
- Robert C. WELDON v. U.S. ATTORNEY FOR the MIDDLE DISTRICT
- Cited By
- 2 cases
- Status
- Published