Jeffrey Bey v. United States

GLD-092 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 11-4477
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IN RE: JEFFREY BEY,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the
Eastern District of Pennsylvania
(Related to E.D. Pa. Crim. No. 02-cv-00684)
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Submitted Pursuant to Rule 21, Fed. R. App. P.
January 20, 2012
Before: FUENTES, GREENAWAY, JR., and STAPLETON, Circuit Judges
(Opinion filed: February 9, 2012)
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OPINION
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PER CURIAM.
Jeffrey Bey, a federal inmate, has filed a pro se petition for a writ of mandamus
under 28 U.S.C. § 1651, asking this Court to compel the United States District Court for
the Eastern District of Pennsylvania to docket Bey’s pleading titled “Application to Raise
a Federal Question of Law Pursuant to Title 28 U.S.C. § 1331.” Bey contends that the
district court “refuses to file and docket” this pleading. Petition at 1.
Mandamus is available in extraordinary circumstances only. In re Diet Drugs
Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir. 2005). Bey has not shown any basis for
mandamus relief. The docket sheet for E.D. Pa. Crim. No. 02-cr-00684 reflects that
Bey’s “Application to Raise a Federal Question” was in fact docketed and filed on
September 28, 2011, and the same pleading was docketed and filed again on two
additional occasions after Bey had resubmitted it. See Docket Entries 104-106. Thus,
contrary to Bey’s suggestion, the district court has not refused to docket and file his
pleading. Accordingly, we will deny the petition for a writ of mandamus.