In Re Cornell Jones, Petitioner, 948 F.2d 1337 (D.C. Cir. 1991)

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US Court of Appeals for the District of Columbia Circuit - 948 F.2d 1337 (D.C. Cir. 1991) Nov. 4, 1991

Before MIKVA, Chief Judge, and WALD and BUCKLEY, Circuit Judges.



Upon consideration of the petition for writ of mandamus, it is

ORDERED that the petition be denied. Mandamus is an extraordinary remedy to be utilized in the clearest and most compelling cases. Kerr v. United States District Court, 426 U.S. 394, 402 (1967). It is justified only by "exceptional circumstances amounting to a judicial 'usurpation of power.' " Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289 (1988) (citations omitted); see In re: United States, 872 F.2d 472, 477-78 (D.C. Cir. 1989). The district court's sixteen-month delay has not yet reached the level of "exigent circumstances" justifying issuance of the writ. See Cartier v. Secretary of State, 506 F.2d 191, 199 (D.C. Cir. 1974), cert. denied, 421 U.S. 947 (1975). We anticipate that the district court will rule on the motion at the earliest practicable time.