Raj Patel v.

BLD-096 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT ___________

No. 24-1337 ___________

IN RE: RAJ K. PATEL,

Petitioner ____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the District of Delaware (Related to D.C. Civil Action No. 1:24-cv-00021) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. April 4, 2024

Before: BIBAS, MATEY, and CHUNG, Circuit Judges (Opinion filed: April 17, 2024) _________

OPINION* _________

PER CURIAM

Pro se litigant Raj Patel petitions for a writ of mandamus directing the Clerk of the United States District Court for the District of Delaware to enter a default and a default judgment in Patel’s favor in a lawsuit that he has brought against United Parcel Service, Inc. (“UPS”). For the reasons that follow, we will deny Patel’s petition, as amended.1 I.

Patel commenced his lawsuit against UPS in January 2024. In February 2024, Patel asked the District Court Clerk to enter a default and a default judgment against UPS. A few days later, Patel filed this mandamus action. He then filed additional requests for a default and a default judgment in the District Court. On March 22, 2024, the District Court denied Patel’s requests for a default and a default judgment, explaining that “service [of UPS] has yet to be effected,” and that UPS “is under no obligation to respond to [Patel’s] Complaint until formally served or until it has waived service.” (Dist. Ct. Order entered Mar. 22, 2024.)

II.

A writ of mandamus is a drastic remedy that is available in extraordinary circumstances only. See In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir. 2005). To obtain the writ, a petitioner must show, inter alia, that “no other adequate means [exist] to attain the relief he desires.” Hollingsworth v. Perry, 558 U.S. 183, 190 (2010) (per curiam) (alteration in original) (citation to quoted case omitted). Patel has not made that showing here, for he may challenge the District Court’s denial of his requests for a default and a default judgment in an appeal from the District Court’s entry of a final decision in his case.2 See Chamberlain v. Giampapa, 210 F.3d 154, 164 (3d Cir. 2000); Adult Film Ass’n of Am., Inc. v. Thetford, 776 F.2d 113, 115 (5th Cir. 1985) (per curiam); see also Madden v. Myers, 102 F.3d 74, 77 (3d Cir. 1996) (explaining that “a writ of mandamus may not issue if a petitioner can obtain relief by appeal”).

In view of the above, we will deny Patel’s mandamus petition, as amended.3