Filed: May 09, 2013
Latest Update: Mar. 28, 2017
Summary: DLD-189 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 13-1688 _ IN RE: MICHAEL EVAN KEELING, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the Eastern District of Pennsylvania (Related to E.D. Pa. Civ. Nos. 2:09-cv-04015, 2:11-cv-05304, and 2:12-cv-06764) _ Submitted Pursuant to Rule 21, Fed. R. App. P. April 11, 2013 Before: AMBRO, SMITH and CHAGARES, Circuit Judges (Opinion filed: May 9, 2013) _ OPINION _ PER CURIAM Mich
Summary: DLD-189 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 13-1688 _ IN RE: MICHAEL EVAN KEELING, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the Eastern District of Pennsylvania (Related to E.D. Pa. Civ. Nos. 2:09-cv-04015, 2:11-cv-05304, and 2:12-cv-06764) _ Submitted Pursuant to Rule 21, Fed. R. App. P. April 11, 2013 Before: AMBRO, SMITH and CHAGARES, Circuit Judges (Opinion filed: May 9, 2013) _ OPINION _ PER CURIAM Micha..
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DLD-189 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 13-1688
___________
IN RE: MICHAEL EVAN KEELING,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the Eastern District of Pennsylvania
(Related to E.D. Pa. Civ. Nos. 2:09-cv-04015, 2:11-cv-05304, and 2:12-cv-06764)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
April 11, 2013
Before: AMBRO, SMITH and CHAGARES, Circuit Judges
(Opinion filed: May 9, 2013)
_________
OPINION
_________
PER CURIAM
Michael Evan Keeling petitions for a writ of mandamus, requesting that we order the
District Court to “entertain” his filings in three different matters. He complains that the
District Court refused to do so when it dismissed his cases for lack of subject-matter
jurisdiction.
Mandamus is an extraordinary remedy. See Kerr v. U.S. Dist. Court,
426 U.S. 394, 402
(1976). Within the discretion of the issuing court, mandamus traditionally may be “used . . .
only „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. (citations omitted). Mandamus is
not a substitute for appeal. See Cheney v. U.S. Dist. Court,
542 U.S. 367, 380-81 (2004)
(citations omitted); Madden v. Myers,
102 F.3d 74, 79 (3d Cir. 1996).
By his phrasing, Keeling tries to suggest that the District Court refused to consider
filings that were properly before it. However, that is simply not the case. A review of the
relevant court records reveals that the District Court did, in fact, entertain his filings. Although
Keeling disagrees with the result in those cases, his disagreement is a matter for appeal, not for
mandamus relief. We will deny his petition.
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