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IN RE: Gregory Scott SAVOY (2021)

United States Court of Appeals, Fourth Circuit.2021-08-24No. No. 21-1600

Summary

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

Gregory Scott Savoy sought a writ of mandamus asking the court to direct the district court to correct an order issued on March 4, 2021, or to grant his pending motion to alter the judgment. The appellate court determined that mandamus is an extraordinary remedy available only when a petitioner has a clear entitlement to relief and lacks alternative adequate remedies. The court found no evidence of undue delay by the district court in ruling on Savoy's postjudgment motion, and concluded that directing the district court to act was not an appropriate use of mandamus authority. The court noted that mandamus cannot serve as a substitute for the appellate process.

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

Key issues

  • Whether mandamus relief was available to compel district court action on a postjudgment motion
  • Whether the district court engaged in undue delay
  • Whether mandamus may be used as a substitute for appeal

Procedural posture

Savoy petitioned for a writ of mandamus in the appellate court seeking review of a district court order entered on March 4, 2021.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Gregory Scott Savoy petitions for a writ of mandamus seeking an order from this court directing the district court to correct its order entered on March 4, 2021, or to grant his pending motion to alter the judgment. We conclude that Savoy 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 [he] desires.” Murphy-Brown, 907 F.3d at 795 (alteration and internal quotation marks omitted). Additionally, mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).

To the extent that Savoy alleges a delay by the district court in ruling on his postjudgment motion, our review of the record does not reveal undue delay in the district court. To the extent that Savoy seeks an order from this court directing the district court to act, we conclude that the relief sought by Savoy is not available by way of mandamus. Accordingly, although we grant Savoys motions to correct the mandamus petition and for leave to file physical exhibits, 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.