Third Circuit disposition — 071698np-pdf

DLD-174 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 07-1698
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IN RE: JANET FRANCIS,
Petitioner
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On a Petition for Writ of Mandamus from the
United States District Court for the District of New Jersey
(Related to Civ. No. 05-cv-04882)
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Submitted Under Rule 21, Fed. R. App. P.
March 22, 2007
Before: BARRY, AMBRO and FISHER, Circuit Judges
(Filed: April 17, 2007)
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OPINION
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PER CURIAM
Janet Francis, a former member of the United States Army National Guard,
filed a mandamus petition with this Court on March 8, 2007. She argues that she was
discharged from the Guard in violation of numerous Constitutional rights and seeks an
order requiring the Guard to reinstate her.
Mandamus is a drastic remedy granted only in extraordinary cases. See In

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re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir. 2005). To prevail, the
petitioner must establish that she has “no other adequate means” to obtain relief and that
she has a “clear and indisputable” right to issuance of the writ, and the reviewing court
must determine that the writ is appropriate under the circumstances. Id. at 378-79.
Mandamus cannot be used as a substitute for appeal. See, e.g., Id. At 372.
In 2005, Petitioner filed a civil suit in the United States District Court
seeking reinstatement to the Guard and money damages based on essentially the same
facts alleged in her mandamus petition. D.N.J. Civ. No. 05-cv-04882. The District Court
dismissed her complaint, and Francis filed an appeal, which is currently pending before
this Court. C.A. No. 06-4246. This pending appeal clearly provides an adequate means
for her to seek the relief requested in her mandamus petition. Therefore, the petition for a
writ of mandamus is denied.

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