Filed: Mar. 27, 2013
Latest Update: Mar. 28, 2017
Summary: DLD-143 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 13-1320 _ IN RE: CLINTON C. BARLOW, III, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to 13-cv-00173) _ Submitted Pursuant to Rule 21, Fed. R. App. P. March 7, 2013 Before: AMBRO, SMITH and CHAGARES, Circuit Judges (Opinion filed: March 27, 2013 ) _ OPINION _ PER CURIAM On January 10, 2013, Elmalean Bowser, petitioner Clinton C. Barl
Summary: DLD-143 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 13-1320 _ IN RE: CLINTON C. BARLOW, III, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to 13-cv-00173) _ Submitted Pursuant to Rule 21, Fed. R. App. P. March 7, 2013 Before: AMBRO, SMITH and CHAGARES, Circuit Judges (Opinion filed: March 27, 2013 ) _ OPINION _ PER CURIAM On January 10, 2013, Elmalean Bowser, petitioner Clinton C. Barlo..
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DLD-143 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 13-1320
___________
IN RE: CLINTON C. BARLOW, III,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to 13-cv-00173)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
March 7, 2013
Before: AMBRO, SMITH and CHAGARES, Circuit Judges
(Opinion filed: March 27, 2013 )
_________
OPINION
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PER CURIAM
On January 10, 2013, Elmalean Bowser, petitioner Clinton C. Barlow’s aunt, filed an
appeal in the District Court from the Bankruptcy Judge’s order dismissing her case. Shortly
thereafter, Barlow, apparently acting as Bowser’s legal representative, filed a petition for writ
of mandamus, asking us to compel the District Court and other federal agencies to accept
process of his federal civil tort claim.
Mandamus is a drastic remedy available in only the most extraordinary circumstances.
In re Diet Drugs Prods. Liab. Litig.,
418 F.3d 372, 378 (3d Cir. 2005). Barlow’s federal civil
tort claim was denied by the Administrative Office of the United States Courts on January 24,
2013, and he was advised of his right to file suit in District Court within six months of that
date. Nothing in the record indicates that Barlow has exercised that right, let alone been
precluded from doing so. Accordingly, we will deny the mandamus petition.
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