In Re: Matthew Palmieri ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1415
In Re: MATTHEW RICHARD PALMIERI,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: June 11, 2012 Decided: July 18, 2012
Before DAVIS, DIAZ, and FLOYD, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Matthew Richard Palmieri, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Matthew Richard Palmieri has filed a petition for a
writ of Quo Warranto and a writ of mandamus asking this court to
order the Director of the Defense Security Service (“DSS”) to
demonstrate the authority for certain alleged actions taken
against him and to provide him with due process in connection
with the suspension of his security clearance.
We lack jurisdiction to consider Palmieri’s petition,
and therefore dismiss it. The All Writs Act vests all
statutorily created courts, including this court, with authority
to issue “all writs necessary or appropriate in aid of their
respective jurisdictions . . . .” See 28 U.S.C. § 1651 (2006).
However, Palmieri’s petition, stemming from the suspension of a
security clearance currently under review by the Department of
Defense, fails to implicate the independent basis for our
jurisdiction necessary for this court to proceed under the All
Writs Act. See In re Chambers Dev. Co., 148 F.3d 214, 223 n.6
(3d Cir. 1998) (stating that the All Writs Act requires that
“the case may at some future time come within the court’s
appellate jurisdiction.”). Accordingly, we dismiss Palmieri’s
petition. ∗ We dispense with oral argument because the facts and
∗
This disposition, of course, is without prejudice to any
right Palmieri may have to seek mandamus relief in an
appropriate district court. See 28 U.S.C. § 1361 (2006).
2
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
PETITION DISMISSED
3