JAMES v. UNITED STATES PAROLE COMMISSION et al

Filing 11

Entry Directing Further Proceedings - Mr. James shall have through March 20, 2014, in which to demonstrate how he could satisfy each of the three requirements described above to justify the issuance of a writ of mandamus. Copy Mailed. Signed by Judge Tanya Walton Pratt on 2/26/2014.(MGG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
CALVIN JAMES,
Petitioner,
vs.
UNITED STATES PAROLE
COMMISSION, et al.,
Respondents.

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Case No. 1:13-cv-1790-TWP-DKL

Entry Directing Further Proceedings
Petitioner Calvin James seeks mandamus relief to discharge his parole.
Writs of mandamus are authorized by 28 U.S.C. ' 1361, which grants district courts
jurisdiction in "any action in the nature of mandamus to compel an officer or employee of the
United States or any agency thereof to perform a duty owed to the plaintiff." In Cheney v. United
States Dist. Court, 542 U.S. 367 (2004), the Supreme Court noted that Athe writ is one of the
most potent weapons in the judicial arsenal@ and identified the three conditions that must be
satisfied before it may issue:
First, the party seeking issuance of the writ [must] have no other adequate means
to attain the relief he desires-a condition designed to ensure that the writ will not
be used as a substitute for the regular appeals process. Second, the petitioner must
satisfy the burden of showing that [his] right to issuance of the writ is clear and
indisputable. Third, even if the first two prerequisites have been met, the issuing
court, in the exercise of its discretion, must be satisfied that the writ is appropriate
under the circumstances.
Id. at 380-81 (internal citations and quotation marks omitted); see also In re Hijazi, 589 F.3d
401, 406-07 (7th Cir. 2009).

Mr. James shall have through March 20, 2014, in which to demonstrate how he could
satisfy each of the three requirements described above to justify the issuance of a writ of
mandamus.
IT IS SO ORDERED.

02/26/2014
Date: _________________

Distribution:
Calvin James
#00304-025
Oxford FCI
P.O. Box 1000
Oxford, WI 53952

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana