In Re: Craig M. Hendricks v.
In Re: Craig M. Hendricks v.
Opinion
HLD-004 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________
No. 25-3202 ___________
IN RE: CRAIG M. HENDRICKS, Petitioner ____________________________________
On a Petition for Writ of Mandamus from the District Court of the Virgin Islands (Related to Crim. No. 1:04-cr-00005-001) ____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P. November 25, 2025 Before: CHAGARES, Chief Judge, HARDIMAN and SCIRICA, Circuit Judges
(Opinion filed December 16, 2025) _________
OPINION* _________
PER CURIAM
Craig M. Hendricks has filed a petition for a writ of mandamus. For the reasons
below, we will deny the petition.
Hendricks is serving a sentence of 40 years in federal prison for conspiracy to
import drugs, to distribute drugs, and to launder money. After we affirmed his conviction
and sentence on appeal, see United States v. Fleming,
287 F. App’x 150, 155(3d Cir.
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 2008), Hendricks filed a motion to vacate his conviction pursuant to
28 U.S.C. § 2255which was denied in September 2018. He also filed motions to supplement his § 2255
motion. In July 2025, the District Court denied Hendricks’s supplemental § 2255 claims
as well as other related motions.
Hendricks has continued to file motions challenging his conviction in the District
Court. He has now filed a mandamus petition in which he requests that we order the
District Court to act on his pending motions. The oldest motion at issue has been
pending only since late August 2025.1
The writ of mandamus will issue only in extraordinary circumstances. See Sporck
v. Peil,
759 F.2d 312, 314 (3d Cir. 1985). As a precondition to the issuance of the writ,
Hendricks must establish that there is no alternative remedy or other adequate means to
obtain the desired relief and must demonstrate a clear and indisputable right to the relief
sought. Kerr v. U.S. Dist. Ct.,
426 U.S. 394, 403(1976). As a general rule, the manner
in which a court disposes of cases on its docket is within its discretion. See In re Fine
Paper Antitrust Litig.,
685 F.2d 810, 817(3d Cir. 1982). Nonetheless, mandamus may be
warranted where a District Court’s “undue delay is tantamount to a failure to exercise
jurisdiction.” Madden v. Myers,
102 F.3d 74, 79(3d Cir. 1996).
1 While Hendricks describes a motion filed in October 2024 as still pending, that motion was resolved in the District Court’s July 2025 order. And his March 2025 notice to the Department of Justice complaining of judicial misconduct does not require resolution by the District Court. 2 The delay here is not sufficient to warrant mandamus relief. We are confident that
the District Court will adjudicate Hendricks’s motions within an appropriate time.
Accordingly, we will deny the petition for a writ of mandamus.
3
Reference
- Status
- Unpublished