Julio Brunet v. United States

United States Court of Appeals for the Fifth Circuit · December 30, 2019 · No. 19-60110

Summary

Federal prisoner sought writ of mandamus for release and damages; district court's denial affirmed. Mandamus is an extraordinary remedy requiring no other adequate remedy and a clear and indisputable right. Brunet failed to pursue direct appeal or postconviction relief, so he did not meet the standard. No abuse of discretion in denying the petition.

Holdings

  1. The district court did not abuse its discretion because Brunet failed to pursue other available remedies and did not show a clear and indisputable right to relief.

Questions Presented

  1. Whether the district court abused its discretion in denying Brunet's petition for a writ of mandamus.

Disposition

affirmed

Cases Cited (2)

  • Newsome v. E.E.O.C., 301 F.3d 227, 231 (5th Cir. 2002)(cited for standard of review)
  • In re Willy, 831 F.2d 545, 549 (5th Cir. 1987)(cited for mandamus standard)

Cited In (0)

No citing cases on record yet.

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