Cross v. Chater

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40848
Conference Calendar
GLYN CROSS,
Plaintiff-Appellant,
versus
SHIRLEY S. CHATER, COMMISSIONER OF
SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 3-93-CV-88
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February 20, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
Glyn Cross appeals the district court’s dismissal of his
petition for writ of mandamus alleging that the Commissioner of
Social Security violated the court’s remand order. Our review of
the record and the arguments and authorities convinces us that no
reversible error was committed by the district court. "The
common-law writ of mandamus, as codified in 28 U.S.C. § 1361, is
intended to provide a remedy for a plaintiff only if he has
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-40848
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exhausted all other avenues of relief and only if the defendant
owes him a clear nondiscretionary duty." Heckler v. Ringer, 466
U.S. 602, 616 (1984). Should Cross’s claim be denied, he has an
adequate remedy under 42 U.S.C. § 405(g) for challenging all
aspects of that denial. Furthermore, his interest can be pursued
through direct appeal after a final judgment. Thus, the district
court did not abuse its discretion in refusing to grant this
extraordinary relief. See United States v. Denson, 603 F.2d
1143, 1146 (5th Cir. 1979).
AFFIRMED.