Background
Lisa Richardson Henderson, proceeding pro se, petitioned the United States Court of Appeals for the Fourth Circuit for a writ of mandamus directed to the United States Bankruptcy Court for the Middle District of North Carolina. She sought an order directing the bankruptcy court to enforce attorney admission requirements, correct the record, address procedural violations, provide due process, and consider certain evidence.
The court’s reasoning
The court concluded that Henderson was not entitled to mandamus relief. The opinion states that mandamus is a drastic remedy used only in extraordinary circumstances. It is available only when a petitioner has a clear right to the relief sought and no other adequate means to attain it. Furthermore, the court noted that mandamus may not be used as a substitute for appeal. The court determined that the relief Henderson sought was not available by way of mandamus.
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 (2004)
What it means going forward
The petition for writ of mandamus is denied, leaving the bankruptcy court’s actions unreviewed via this specific extraordinary writ. The court also denied a related motion to accelerate case processing as moot.
Podcast (federal-narrative-summaries): Play in new window | Download