In re: Alton Brown, et al

Filing

NOT PRECEDENTIAL PER CURIAM OPINION Coram: AMBRO, JORDAN and KRAUSE, Circuit Judges. Total Pages: 3. BLD-192

Case: 15-1616

Document: 003111959492

Page: 1

BLD-192

Date Filed: 05/12/2015

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 15-1616
___________
IN RE: ALTON BROWN,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the Middle District of Pennsylvania
(Related to Civ. No. 3-14-cv-01180)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
May 7, 2015
Before: AMBRO, JORDAN and KRAUSE, Circuit Judges
(Opinion filed: May 12, 2015)
_________
OPINION*
_________

PER CURIAM
Alton Brown has filed a petition for a writ of mandamus seeking to compel the
District Court to rule on his request for “an opportunity to appeal.” For the following
reasons, we will deny the mandamus petition.
On June 20, 2016, Brown filed a civil rights complaint and motion to proceed in
forma pauperis (IFP) in the United States District Court for the Middle District of

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.

Case: 15-1616

Document: 003111959492

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Date Filed: 05/12/2015

Pennsylvania. By order entered June 27, 2014, the District Court denied the IFP motion
because Brown was a prisoner who had “three strikes” under 28 U.S.C. §1915(g) and
failed to demonstrate that he was “under imminent danger of serious physical injury.”
The District Court dismissed the complaint and ordered the case closed. On September 8,
2014, Brown filed a motion alleging that he “has never received a copy of the [District
Court’s] dismissal order; he only received notice of the dismissal after the Clerk sent him
a copy of the docket, dated 9/3/14, in response to his inquiries about the case.” Brown
requested a copy of the District Court’s order and asked for “an opportunity to appeal.”
See Fed. R. App. P. 4(a)(6). That request remains pending. Brown filed the present
mandamus petition in March 2015, “seeking an order requiring the District Court to rule
on [his] motion for leave to appeal.”
Mandamus is a drastic remedy available in extraordinary circumstances only. In
re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir. 2005). A petitioner seeking
the writ “must have no other adequate means to obtain the desired relief, and must show
that the right to issuance is clear and indisputable.” Madden v. Meyers, 102 F.3d 74, 79
(3d Cir. 1996), superseded in part on other grounds by 3d Cir. L.A.R. 24.1(c) (1997).
Generally, a court’s management of its docket is discretionary. In re Fine Paper Antitrust
Litig., 685 F.2d 810, 817 (3d Cir. 2005). Due to the discretionary nature of docket
management, there is no “clear and indisputable” right to have the District Court handle a
case in a certain manner. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 36 (1980)
(quoting Bankers Life & Cas. Co. v. Holland, 346 U.S. 379, 384 (1953)) (internal
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Document: 003111959492

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Date Filed: 05/12/2015

quotation marks omitted). Mandamus may be warranted, however, when a District
Court’s delay “is tantamount to a failure to exercise jurisdiction.” Madden, 102 F.3d at
79.
In this case, Brown’s request for “an opportunity to appeal” motion has been
pending since September 2014. Although this delay is not insignificant and raises some
concern, see Madden, 102 F.3d at 79, we do not believe that the delay warrants our
intervention at this time. We are confident that the District Court will rule on Brown’s
request without undue delay. In addition, there is no merit to Brown’s assertion that the
“Clerk and Court conspired to sabotage [his] appeal of the 6/27/14 order.”
For the foregoing reasons, we will deny Brown’s petition for a writ of mandamus.

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