Opinions of the United
2009 Decisions States Court of Appeals
for the Third Circuit
7-2-2009
In Re: Maurice Peterkin
Precedential or Non-Precedential: Non-Precedential
Docket No. 09-2879
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Recommended Citation
"In Re: Maurice Peterkin " (2009). 2009 Decisions. Paper 1076.
http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1076
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ELD-42-E NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 09-2879
___________
IN RE: MAURICE PETERKIN,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to 07-cr-0919-001)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
June 30, 2009
Before: HARDIMAN, COWEN and NYGAARD, Circuit Judges
(Opinion filed July 2, 2009)
_________
OPINION
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PER CURIAM
Maurice Peterkin, who is awaiting trial in the United States District Court for the
District of New Jersey, petitions for a writ of mandamus. He requests that we set aside
two of the District Court’s orders, one denying his motion to suppress evidence and to
dismiss the indictment, and one denying his motion for reconsideration.
Mandamus is an extraordinary remedy. See Kerr v. U.S. Dist. Ct., 426 U.S. 394,
402 (1976). Within the discretion of the issuing court, mandamus traditionally may be
“used ... only ‘to confine an inferior court to a lawful exercise of its prescribed
jurisdiction or to compel it to exercise its authority when it is its duty to do so.’” Id.
(citations omitted). A petitioner must show “‘no other adequate means to attain the
desired relief, and ... a right to the writ [that] is clear and indisputable.’” See In re
Patenaude, 210 F.3d 135, 141 (3d Cir. 2000) (citation omitted).
Extraordinary relief is not merited in this case. Essentially, Peterkin argues that
the District Court got it wrong. He asserts, as he did in the District Court, that he was
subject to an illegal search and seizure, and he wants us to set aside the District Court’s
orders. However, the appropriate time – if necessary – to make this argument and to seek
the requested relief in this Court is in an appeal from a judgment of conviction and
sentence (we express no opinion on the merits of the suppression issue or Peterkin’s
criminal case). See Cheney v. United States Dist. Court, 542 U.S. 367, 380 (2004)
(noting that the writ of mandamus must not be used a substitute for the regular appeals
process). For these reasons, we deny Peterkin’s motion for a writ of mandamus.1
1
Within his petition, he also asks that we stay the District Court’s orders pending a
hearing and a decision on his mandamus petition. We deny his request.
2