In Re: Rodney Banks, Petitioner, 37 F.3d 1492 (4th Cir. 1994)
Annotate this CaseOn Petition for Writ of Mandamus.
Rodney Banks, Petitioner Pro Se.
PETITION DENIED.
Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.
PER CURIAM:
Rodney Banks seeks to join as a plaintiff in a 42 U.S.C. § 1983 (1988) action brought by other Maryland inmates. He brought this mandamus petition seeking an order directing the district court to grant another inmate's motion to amend the Sec. 1983 complaint to add Banks as a plaintiff. In order to obtain mandamus relief, the petitioner must show that no other adequate remedy is available. In re First Fed. Sav. & Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). Here, Banks has another remedy, because he could file a motion to intervene in the action pursuant to Fed. R. Civ. P. 24. Accordingly, although we grant leave to proceed in forma pauperis, we deny mandamus relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.
PETITION DENIED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
