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
- 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
- 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.
Court Document
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