ALD-013 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 13-3382
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IN RE: ABEL RODRIGUEZ,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the Eastern District of Pennsylvania
(Related to E.D. Pa. Crim. No. 2-10-cr-00809-PD)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
October 18, 2013
Before: RENDELL, FISHER and GREENAWAY, JR., Circuit Judges
(Opinion filed: October 25, 2013)
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OPINION
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PER CURIAM
Abel Rodriguez is charged with identity theft offenses pursuant to 18 U.S.C.
§ 1028. After a medical examination was conducted, the District Court deemed
Rodriguez incompetent to stand trial and committed him to the custody of the Attorney
General pursuant to 18 U.S.C. § 4241(d).1 The Government moved for a judicial order
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Many of the filings that may be relevant to this matter are under seal in the District
Court. We therefore have relied upon the Government’s Response in Opposition to the
Motion of the Defendant’s Daughter for Appointment as Guardian Ad Litem for
Incompetent Father, ECF No. 112, for most of the background.
permitting the involuntary administration of medication after doctors reported that
Rodriguez, who had refused treatment, might be restored to competency if he received
anti-psychotic medication. The District Court denied the motion on October 17, 2012,
and instead granted Rodriguez’s request for an administrative hearing pursuant to
Washington v. Harper, 494 U.S. 210 (1990), which generally requires an independent
psychiatrist to determine whether involuntary medication is necessary because an inmate
is dangerous to himself or others. On February 1, 2013, the District Court noted that the
Harper hearing had not yet occurred and ordered the Bureau of Prisons (“BOP”) to hold it
within 45 days. In response to a request from the BOP, the District Court extended the
time to March 29, 2013 to allow the evaluation of Rodriguez to be completed. The
District Court docket reflects that two status reports and a forensic evaluation regarding
Rodriguez have been filed since the March 29th deadline. In August 2013, Rodriguez
filed a mandamus petition alleging that the District Court ordered a discharge hearing in
February 2013 and that the BOP had not yet filed an evaluation or report. Rodriguez
contends that his due process rights have been violated, and he seeks an order compelling
the District Court to hold a hearing “to determine the need for his incarceration.”
Mandamus is a remedy appropriate only in extraordinary circumstances. Madden
v. Myers, 102 F.3d 74, 79 (3d Cir. 1996). To demonstrate that mandamus is appropriate,
a petitioner must establish that he has a “clear and indisputable” right to the issuance of
the writ and that he has “no other adequate means to obtain the desired relief.” Id.
Rodriguez has failed to satisfy this standard. First, he has not shown a “clear and
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indisputable” right to relief because his factual assertions appear to be incorrect.
Rodriguez claims that the District Court ordered a discharge hearing in February 2013,
but the docket reflects that a hearing regarding the administration of medication was
ordered. Even assuming that Rodriguez is referring to that hearing, the fact that status
reports and a forensic evaluation have been filed since the deadline set by the District
Court casts doubt on his claim that no evaluation or report regarding his continued
commitment has been filed. Furthermore, Rodriguez has not shown that he has no other
means to obtain relief. We note that Rodriguez is represented by counsel in the District
Court, and he has not persuasively explained why any concerns regarding his
commitment cannot be raised by counsel, particularly given the upcoming hearing
scheduled for December 16, 2013, for which the court has ordered Rodriguez to be
present.
For these reasons, we will deny the petition.
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