Westine v. Hollingsworth et al

Filing 2

MEMORANDUM AND ORDER ENTERED: Petitioner's request for mandamus relief is denied. Petitioner may present his claims in a petition for habeas corpus. Signed by Senior District Judge Richard D. Rogers on 6/17/2011. (Mailed to pro se party John G. Westine by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JOHN G. WESTINE,
Petitioner,
CIVIL ACTION
No. 11-3113-RDR

vs.
(FNU) HOLLINGSWORTH, et al.,

Respondents.

MEMORANDUM AND ORDER
This matter comes before the court on a petition for
mandamus submitted by the petitioner.1

Petitioner states that

although the United States Parole Commission granted him a
parole

release

date

of

July

29,

2011,

respondent

Warden

Hollingsworth and the federal Bureau of Prisons have refused to
release him until October 2011.

Petitioner offers no evidence

in support of these statements.
“Mandamus is a drastic remedy, available only in extraordinary circumstances. Furthermore, the writ is not available when
review by other means is possible.” W. Shoshone Bus. Council v.

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The court notes that petitioner captioned the pleading in
Case No. 10-3188-RDR. Because that matter was closed on
April 8, 2011, the undersigned directed that a new action be
opened to address petitioner’s request for mandamus.

Babbitt, 1 F.3d 1052, 1059 (10th Cir. 1993)(citations omitted).
Here, petitioner has both an administrative remedy under
available through the Bureau of Prisons, see 28 C.F.R. §§ 542.10
- 542.19, and the federal writ of habeas corpus, 28 U.S.C.
§2241, to address his claim that he should be released in July
2011.

See, e.g., Boutwell v. Keating, 399 F.3d 1203, 1209 (10th

Cir.2005)(“Habeas corpus is the only avenue for a challenge to
the fact or duration of confinement, at least when the remedy
requested would result in the prisoner's immediate or speedier
release.”).
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s request
for mandamus relief is denied.

Petitioner may present his

claims in a petition for habeas corpus.
A copy of this order shall be transmitted to the petitioner.
IT IS SO ORDERED.
Dated at Topeka, Kansas, this 17th day of June, 2011.

S/ Richard D. Rogers
RICHARD D. ROGERS
United States Senior District Judge

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