HLD-146 (June 2010) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 10-2695
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IN RE: JAMES MURPHY, Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the Middle District of Pennsylvania
(Related to Civ. No. 10-cv-01107)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
June 30, 2010
Before: MCKEE, Chief Judge, SCIRICA and WEIS, Circuit Judges
Filed: July 26, 2010
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OPINION
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PER CURIAM.
James Murphy petitions for a writ of mandamus directing the District Court
to release him. For the reasons below, we will deny the petition.
In July 2009, Murphy was convicted of drug trafficking charges.1 On May
1
On June 22, 2010, Murphy was sentenced to 360 months in prison and filed a pro se
notice of appeal.
1
24, 2010, Murphy filed a habeas petition pursuant to 28 U.S.C. § 2241. The District
Court dismissed the § 2241 petition by order entered May 27th, and Murphy filed a notice
of appeal which was docketed at No. 10-2696. On June 9th, Murphy filed his mandamus
petition in which he requested that we review the District Court’s dismissal of his § 2241
petition.
A writ of mandamus should be issued only in extraordinary circumstances.
See Sporck v. Peil, 759 F.2d 312, 314 (3d Cir. 1985). Determining whether an
extraordinary circumstance exists requires a two-part inquiry. First, it must be established
that there is no alternative remedy or other adequate means of relief. Second, a petitioner
must demonstrate a clear and indisputable right to the relief sought. Kerr v. United States
District Court, 426 U.S. 394, 403 (1976). A writ is not a substitute for an appeal. In re
Kensington Intern. Ltd., 353 F.3d 211, 219 (3d Cir. 2003). Because Murphy can
challenge the denial of his § 2241 petition on appeal, he has other adequate means of
relief and is not entitled to a writ of mandamus.
Accordingly, we will deny the petition. Murphy’s motion to stay his
criminal proceedings is denied.
2