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  • In Re: Raphael Mendez, 4th Cir. (2012)

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    Raphael Mendez filed a petition for a writ of mandamus seeking an order directing his release from civil commitment and return to the Virgin Islands. The United States Court of Appeals for the Fourth Circuit denied the petition, concluding that Mendez was not entitled to mandamus relief. Mandamus is a drastic remedy only available in extraordinary circumstances where the petitioner has a clear right to relief. It cannot be used as a substitute for appeal. Mendez failed to show he was entitled to the relief sought, as the relief of release and return to the Virgin Islands is not available through a writ of mandamus. Therefore, the court denied Mendez's petition.

    Original Description:

    Filed: 2012-03-20 Precedential Status: Non-Precedential Docket: 12-1105

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    Raphael Mendez filed a petition for a writ of mandamus seeking an order directing his release from civil commitment and return to the Virgin Islands. The United States Court of Appeals for the Fourth Circuit denied the petition, concluding that Mendez was not entitled to mandamus relief. Mandamus is a drastic remedy only available in extraordinary circumstances where the petitioner has a clear right to relief. It cannot be used as a substitute for appeal. Mendez failed to show he was entitled to the relief sought, as the relief of release and return to the Virgin Islands is not available through a writ of mandamus. Therefore, the court denied Mendez's petition.

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    5 views2 pages

    In Re: Raphael Mendez, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    Raphael Mendez filed a petition for a writ of mandamus seeking an order directing his release from civil commitment and return to the Virgin Islands. The United States Court of Appeals for the Fourth Circuit denied the petition, concluding that Mendez was not entitled to mandamus relief. Mandamus is a drastic remedy only available in extraordinary circumstances where the petitioner has a clear right to relief. It cannot be used as a substitute for appeal. Mendez failed to show he was entitled to the relief sought, as the relief of release and return to the Virgin Islands is not available through a writ of mandamus. Therefore, the court denied Mendez's petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1105

    In re:

    RAPHAEL MENDEZ,

    Petitioner.

    On Petition for a Writ of Mandamus.


    (5:91-hc-00350-BR)

    Submitted:

    March 15, 2012

    Decided:

    March 20, 2012

    Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Raphael Mendez, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Raphael
    seeking

    an

    Mendez

    order

    petitions

    directing

    that

    for
    he

    be

    writ

    of

    released

    commitment and returned to the Virgin Islands.

    mandamus

    from

    civil

    We conclude that

    Mendez is not entitled to mandamus relief.


    Mandamus relief is a drastic remedy and should be used
    only
    Dist.

    in

    extraordinary

    Court,

    Moussaoui,
    mandamus

    426

    333

    relief

    circumstances.

    U.S.

    F.3d
    is

    394,

    509,

    402

    516-17

    available

    clear right to the relief sought.

    (1976);
    (4th

    only

    Kerr

    when

    v.

    United

    United

    Cir.

    2003).

    the

    States

    States

    v.

    Further,

    petitioner

    has

    In re First Fed. Sav. & Loan

    Assn, 860 F.2d 135, 138 (4th Cir. 1988).


    Mandamus may not be used as a substitute for appeal.
    In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
    Mendez fails to show he is entitled to the relief he seeks.

    The

    relief sought by Mendez is not available by way of mandamus.


    Accordingly,

    although

    we

    grant

    leave

    to

    proceed

    in

    forma

    pauperis, we deny the petition for writ of mandamus and the


    supplemental petition for writ of mandamus.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    We dispense with

    legal
    before

    contentions
    the

    court

    are
    and

    argument would not aid the decisional process.


    PETITION DENIED

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