Filed: Apr. 19, 2019
Latest Update: Mar. 03, 2020
Summary: BLD-159 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-1522 _ IN RE: GWENDOLYN WILSON, Petitioner _ On Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. Civ. No. 3:17-cv-00995) _ Submitted Pursuant to Fed. R. App. P. 21 April 11, 2019 Before: AMBRO, KRAUSE and PORTER, Circuit Judges (Opinion filed: April 19, 2019) _ OPINION * _ PER CURIAM Pro se petitioner Gwendolyn Wilson seeks a writ of mandamus
Summary: BLD-159 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-1522 _ IN RE: GWENDOLYN WILSON, Petitioner _ On Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. Civ. No. 3:17-cv-00995) _ Submitted Pursuant to Fed. R. App. P. 21 April 11, 2019 Before: AMBRO, KRAUSE and PORTER, Circuit Judges (Opinion filed: April 19, 2019) _ OPINION * _ PER CURIAM Pro se petitioner Gwendolyn Wilson seeks a writ of mandamus...
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BLD-159 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 19-1522
___________
IN RE: GWENDOLYN WILSON,
Petitioner
____________________________________
On Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to D.N.J. Civ. No. 3:17-cv-00995)
____________________________________
Submitted Pursuant to Fed. R. App. P. 21
April 11, 2019
Before: AMBRO, KRAUSE and PORTER, Circuit Judges
(Opinion filed: April 19, 2019)
_________
OPINION *
_________
PER CURIAM
Pro se petitioner Gwendolyn Wilson seeks a writ of mandamus. She asks this
Court to review the District Court’s dismissal of her claims, to stay District Court
proceedings pending her appeal at C.A. No. 18-3697, and to order the District Court to
produce free transcripts of various hearings held during the litigation of her case.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Because Wilson has not demonstrated that she is entitled to mandamus relief, we will
deny her petition.
A writ of mandamus is a “drastic remedy” that may be granted “only in
extraordinary circumstances in response to an act amounting to a judicial usurpation of
power.” In re Diet Drugs Prods. Liab. Litig.,
418 F.3d 372, 378 (3d Cir. 2005). “Before
a writ of mandamus may issue, a party must establish that (1) no other adequate means
[exist] to attain the relief he desires, (2) the party’s right to issuance of the writ is clear
and indisputable, and (3) the writ is appropriate under the circumstances.” See
Hollingsworth v. Perry,
558 U.S. 183, 190 (2010) (per curiam) (internal quotation marks
omitted).
Mandamus relief is not appropriate here. Wilson may obtain review of the
dismissal of her claims in the appeal she is presently pursuing in this Court. See In re
Diet
Drugs, 418 F.3d at 379 (“[M]andamus must not be used as a mere substitute for
appeal.”). Regarding her remaining requests, Wilson has not sought a stay of
proceedings from the District Court itself. Wilson has also never moved for production
of the transcripts she seeks at government expense, either in the District Court or in this
Court. Wilson filled out forms in the District Court that are used to request trial
transcripts and audio recordings, which were forwarded to the court reporter without the
required payment, but no trial was ever held in the District Court. Wilson has not
explained why the production of these transcripts is necessary for her to pursue an appeal.
Accordingly, we will deny Wilson’s petition.
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