FILED
UNITED STATES DISTRICT COURT
JUN- 5 2012
FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptc,
Courts for the District ot Columbra
OwenOdman, )
)
Petitioner, )
)
V. )
)
Civil Action No.
12 0899
Eric Holder, Attorney General, )
)
Respondent. )
MEMORANDUM OPINION
This matter, brought prose, is before the Court on its initial review of the petition for a
writ of mandamus and application for leave to proceed in forma pauperis. Upon review of the
petition, the Court finds that petitioner has failed to state a claim for such extraordinary relief. It
therefore will grant the in forma pauperis application and dismiss the petition pursuant to 28
U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a determination that the
complaint, among other grounds, fails to state a claim upon which relief can be granted).
The extraordinary remedy of a writ of mandamus is available to compel an "officer or
employee of the United States or any agency thereof to perform a duty owed to plaintiff." 28
U.S.C. § 1361. The petitioner bears a heavy burden of showing that his right to a writ of
mandamus is "clear and indisputable." In re Cheney, 406 F.3d 723, 729 (D.C. Cir. 2005)
(citation omitted). Mandamus relief is not available when an adequate remedy exists to address
the underlying claim.
Petitioner, a prisoner at the Federal Correctional Institution in Jesup, Georgia, seeks an
order to compel the United States Attorney General to comply with Brady v. Maryland, 373 U.S.
83 ( 1963 ), Pet. at 1, by "directing ... the United Sates Attorney's Office for the Western District
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of North Carolina to provide the Petitioner with [certain information]." !d. at 3-4. Petitioner is
not entitled to mandamus relief for two reasons. First, the Freedom oflnformation Act, 5 U.S.C.
§ 552, is the proper vehicle for obtaining records from United States agencies. Second, to the
extent that petitioner is claiming that the United States withheld exculpatory evidence in
violation of Brady, he has an adequate remedy under 28 U.S.C. § 2255 to move the sentencing
court to vacate his conviction. A separate Order of dismissal accompanies this Memorandum
Opinion.
;) 4-/- United States District Judge
Date: May_£--_/_, 2012
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