Public-domain · open source
OpenJurist

30 F. App'x 206

Walker v. Filbert

U.S. Courts of Appeals

Decided March 6, 2002

This page is marked noindex.

U.S. Courts of Appeals · decided 2002-03-06

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 2002

Relies on Kerr v. United States Dist. Court for Northern Dist. of Cal. · In Re First Federal Savings And Loan Association Of Durham · In re Ford Motor Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed by unpublished PER CURIAM opinion · Decided 2002-03-06

View the full empirical analysis of this case →

PER CURIAM.

¶1 Raymond Alexander Walker filed a petition for a writ of mandamus in the District of Maryland seeking it to compel the Maryland Court of Appeals to consider certain pleadings Walker had filed in that state court. The district court declined Walker’s petition for mandamus relief and denied his motion to reconsider.

¶2 Mandamus is a drastic remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). Courts are extremely reluctant to grant mandamus relief. In re Ford Motor Co., 751 F.2d 274, 275 (8th Cir.1984). In seeking mandamus relief, a petitioner carries the heavy burden of showing that he has no other adequate means to attain the relief and that his right to such relief is clear and indisputable. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.1988). Walker failed to meet this heavy burden and thus we affirm on the reasoning of the district court’s orders denying Walker’s mandamus petition and motion to reconsider. See In re: Walker, No. CA-01-2906 (D. Md. Oct. 9, 2001; Oct. 29, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶3 AFFIRMED.

/30/fappx/206 · .json · Public domain