In re Detemple
In re Detemple
Opinion of the Court
Gary DeTemple has filed a petition for a writ of mandamus requesting that this court recuse the district court judge acting in his 28 U.S.C.A. § 2255 (West Supp. 2000) motion and several bankruptcy actions, grant him release pending resolution of his § 2255 motion, and reverse the district court’s orders dismissing specified civil actions. He also moves for stay and to compel the Bureau of Prisons to comply with the law.
The writ of mandamus is a drastic remedy to be used only in extraordinary circumstances. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987) (citing Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976)). It is available only when there are no other means by which the relief sought could be granted. Id. The party seeking mandamus relief thus carries the heavy burden of showing that he has no other adequate means to attain the relief he desires and that his entitlement 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).
PETITION DENIED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.