Background
Mark Ingraham filed a petition for a writ of mandamus to the United States Court of Federal Claims, requesting that the clerk either confirm service on the defendant or issue a summons. The underlying case involves a dispute where the docket indicated service on the Department of Justice and a due date for the answer.
The court’s reasoning
The court explained that a petitioner seeking mandamus must show no other adequate means to attain relief, a clear and indisputable right to relief, and that the writ is appropriate under the circumstances. The court found Mr. Ingraham failed to meet this standard because the docket indicated service on the Department of Justice and the answer due date. Additionally, the court noted he did not demonstrate the inadequacy of an appeal following final judgment.
What it means going forward
The petition to compel the issuance of a summons was denied, leaving the petitioner to proceed through the standard appellate process after final judgment.
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