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IN RE: Adrienne MALLARD (2021)

United States Court of Appeals, Fourth Circuit.2021-09-13No. No. 21-1727

Summary

Holding. The petition for a writ of mandamus is denied.

Adrienne Mallard sought a writ of mandamus to challenge judgments from Virginia and Maryland state courts in cases stemming from a 2014 workplace injury. The court explained that mandamus is an extraordinary remedy available only when a petitioner has a clear entitlement to relief and lacks any other adequate remedy. Because federal courts lack jurisdiction to review state court orders, the relief Mallard sought through mandamus was unavailable.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether mandamus relief is available to challenge state court judgments
  • Federal court jurisdiction over state court orders
  • Requirements for obtaining mandamus relief

Procedural posture

Mallard petitioned for a writ of mandamus in federal court seeking review of state court judgments.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Adrienne Mallard petitions for a writ of mandamus seeking review of judgments entered in Virginia and Maryland state courts arising from cases relating to a work-related injury that Mallard sustained in 2014. We conclude that Mallard is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought and “has no other adequate means to attain the relief [she] desires.” Murphy-Brown, 907 F.3d at 795 (alteration and internal quotation marks omitted). This court does not have jurisdiction to review state court orders. See D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983). Therefore, the relief sought by Mallard is not available by way of mandamus. Accordingly, we deny the petition for a writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED

PER CURIAM:

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.