Filed: Jul. 22, 2011
Latest Update: Feb. 22, 2020
Summary: DLD-194 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 11-1851 _ In re: ROGER FRANCIS DURONIO, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to Civil Action No. 10-cv-01574) _ Submitted Pursuant to Rule 21, Fed. R. App. P. May 19, 2011 Before: BARRY, FISHER and ROTH, Circuit Judges. (Filed: July 22, 2011) _ OPINION _ PER CURIAM Petitioner Roger Duronio, proceeding pro se, seeks a writ of
Summary: DLD-194 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 11-1851 _ In re: ROGER FRANCIS DURONIO, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to Civil Action No. 10-cv-01574) _ Submitted Pursuant to Rule 21, Fed. R. App. P. May 19, 2011 Before: BARRY, FISHER and ROTH, Circuit Judges. (Filed: July 22, 2011) _ OPINION _ PER CURIAM Petitioner Roger Duronio, proceeding pro se, seeks a writ of m..
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DLD-194 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 11-1851
___________
In re: ROGER FRANCIS DURONIO,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to Civil Action No. 10-cv-01574)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
May 19, 2011
Before: BARRY, FISHER and ROTH, Circuit Judges.
(Filed: July 22, 2011)
_________
OPINION
_________
PER CURIAM
Petitioner Roger Duronio, proceeding pro se, seeks a writ of mandamus
compelling the United States District Court for the District of New Jersey to rule on his
28 U.S.C. § 2255 motion.
Duronio filed a 28 U.S.C. § 2255 motion in March 2010. In May 2010, the case
was reassigned from Judge Katharine S. Hayden to Judge Jose L. Linares. Thereafter, the
1
United States filed a response to the § 2255 motion, and in September 2010, Duronio
replied to the United States’ response. In February 2011, Duronio filed a motion to
expedite consideration of the action. Then, in April 2011, he filed the current petition for
a writ of mandamus.1
Mandamus is a drastic remedy that is granted only in extraordinary cases. In re
Diet Drugs Prods. Liab. Litig.,
418 F.3d 372, 378 (3d Cir. 2005). It may be “used to
confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it
to exercise its authority when it is its duty to do so.”
Id. (internal citation and quotation
omitted). To demonstrate that mandamus is appropriate, a petitioner must establish that
he or she has “no other adequate means” to obtain the relief requested, and that he or she
has a “clear and indisputable” right to issuance of the writ. Madden v. Myers,
102 F.3d
74, 79 (3d Cir. 1996). Although district courts are generally given discretion to control
their dockets, see In re Fine Paper Antitrust Litig.,
685 F.2d 810, 817 (3d Cir. 1982), an
appellate court may issue a writ of mandamus when an undue delay in adjudication is
“tantamount to a failure to exercise jurisdiction,”
Madden, 102 F.3d at 79.
Here, there is no basis for granting the petition for a writ of mandamus, as there
has been no undue delay in adjudication of Duronio’s § 2255 motion. The district court
docket reflects that the matter is progressing in a timely manner, as in April 2011, the
district court ordered the United States to file trial transcripts and other documentation
1
The petition for a writ of mandamus was not deemed to be compliant until
May 12, 2011, when Duronio paid the required filing fee.
2
relating to the underlying proceeding by June 10, 2011. Therefore, Duronio’s petition for
a writ of mandamus will be denied.
3