In re Pondexter
In re Pondexter
Opinion of the Court
OPINION
Earl Pondexter filed this pro se mandamus petition pursuant to 28 U.S.C. § 1651, seeking an order reversing the District Court’s order of dismissal and remanding the case for trial. For the foregoing reasons, we will deny the petition.
Mandamus is a drastic remedy that is available only in extraordinary circumstances. See In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir. 2005). It is not a substitute for an appeal. In re Chambers Dev. Co., 148 F.3d 214, 226 (3d Cir. 1998) (“[Mjandamus is not a substitute for appeal and a writ of mandamus will not be granted if relief can be obtained by way of our appellate jurisdiction.”). As Pondexter’s appeal of the District Court’s orders is currently pending before this Court, he has not demonstrated that he is entitled to mandamus relief. According, we will deny his mandamus petition.
Reference
- Full Case Name
- In re Earl A. PONDEXTER
- Status
- Published