In re Belt

450 F. App'x 157 (3d Cir. 2011) · United States Court of Appeals for the Third Circuit · November 8, 2011

Summary

The Third Circuit denied Tariq Belt’s petition for a writ of mandamus challenging the outcomes of three Middle District of Pennsylvania cases involving prison disciplinary proceedings and confinement. The court held that mandamus was inappropriate because Belt had an adequate alternative remedy through appeal and had not shown a clear and indisputable right to relief; it also declined to revisit an earlier ruling concerning the district court clerk’s designation of his filings.

Holdings

  1. Mandamus was unavailable because Belt had an adequate alternative remedy—ordinary appeal—and mandamus cannot substitute for an appeal merely because the time for filing an appeal had expired.
  2. Belt was not entitled to mandamus concerning the Clerk's Office because he had not shown a clear and indisputable right to the writ, and the court would not disturb its prior decision rejecting the same allegation as frivolous.

Questions Presented

  1. Whether mandamus was available to challenge the outcomes of three District Court cases after Belt failed to pursue ordinary appeals.
  2. Whether Belt was entitled to mandamus based on his allegation that the District Court Clerk's Office improperly designated or amended his filings.

Disposition

writ_denied

Cases Cited (5)

  • In re Pasquariello, 16 F.3d 525, 528 (3d Cir. 1994)(followed)
  • Kerr v. United States District Court, 426 U.S. 394, 403 (1976)(followed)
  • Helstoski v. Meanor, 442 U.S. 500, 506 (1979)(followed)
  • Oracare DPO, Inc. v. Merin, 972 F.2d 519, 523 (3d Cir. 1992)(followed)
  • In re Tariq Belt, 426 F. App'x 119 (3d Cir. 2011)(followed)

Cited In (0)

No citing cases on record yet.

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