ALD-094 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 12-1046
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IN RE: TORMU E. PRALL,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to D.N.J. Civ. No. 3-11-cv-06355)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
January 26, 2012
Before: SLOVITER, FISHER AND NYGAARD, Circuit Judges
(Opinion filed: February 7, 2012)
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OPINION
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PER CURIAM
Tormu E. Prall petitions for a writ of mandamus to compel the United States
District Court for the District of New Jersey to act in the proceedings on his petition for a
writ of habeas corpus. In his mandamus petition, Prall seeks an order to compel the
District Court to rule on his habeas petition. He also seeks certification to this Court
concerning his twenty-two questions of law, which he presented in a motion currently
pending before the District Court. He contends that mandamus relief is warranted
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because his sentence is likely to expire before the District Court can act, and because the
questions presented have significant importance.
Mandamus is a drastic remedy available only in the most extraordinary of
circumstances. See In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir.
2005). To justify such a remedy, a petitioner must show that he has (i) no other adequate
means of obtaining the desired relief and (ii) a Aclear and indisputable@ right to issuance
of the writ. See Haines v. Liggett Group, Inc., 975 F.2d 81, 89 (3d Cir. 1992) (citing
Kerr v. United States District Court, 426 U.S. 394, 403 (1976)). It is well-settled that the
manner in which a district court disposes of the cases on its docket is committed to its
sound discretion. In re Fine Paper Antitrust Litigation, 685 F.2d 810, 817 (3d Cir. 1982).
Some delays, however, are so intolerable as to warrant appellate intervention. See
Madden v. Myers, 102 F.3d 74, 79 (3d Cir. 1996).
In Prall’s case, we conclude that the situation does not rise to the level of a denial
of due process or a failure by the District Court to exercise jurisdiction. See Madden, id.
Prall filed his habeas petition in late October 2011, and he twice filed motions to amend
and supplement the petition. According to the record, the later-filed motion to amend is
dated December 23, 2011, was postmarked December 30, 2011, and was placed on the
District Court docket on January 3, 2012. 1 Prall’s mandamus petition is dated just a few
days later, December 27, 2011. It appears that the District Court has not had sufficient
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It does not appear from the record that the respondents have been served with the
habeas petition or the motions.
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opportunity to consider Prall’s habeas petition and motions, and we cannot conclude that
Prall’s situation is in any way extraordinary or that he has shown a clear and indisputable
right to mandamus relief. Prall notes in his mandamus petition that he has about three
years remaining on his sentence. We are confident that the District Court will rule on his
habeas petition without unnecessary delay.
Accordingly, we will deny the petition for a writ of mandamus.
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