Third Circuit disposition — 064456np-pdf

BLD-57 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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NO. 06-4456
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IN RE: ASTARTE DAVIS-RICE,
Petitioner
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On a Petition for Writ of Mandamus from the
District Court of the Virgin Islands
(Related to Civ. No. 05-cv-00118)
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Submitted Under Rule 21, Fed. R. App. Pro.
November 22, 2006
Before: MCKEE, FUENTES AND ROTH, CIRCUIT JUDGES
(Filed: April 16, 2007)
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OPINION
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PER CURIAM.
Petitioner Astarte Davis-Rice asks that we issue a writ of mandamus
compelling the District Court of the Virgin Islands to order her immediate release from
federal prison and expungement of her criminal record. Davis-Rice appears to argue that,
due to violations of the Uniform Commercial Code by the Government during the course
of her current litigation, she should be released from prison and her conviction
overturned.

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Mandamus is a drastic remedy available only in the most extraordinary of
situations in response to an act amounting to a judicial usurpation of power. In re
Nwanze, 242 F.3d 521, 524 (3d Cir. 2001). A petitioner must show that she has a clear
and indisputable right to issuance of the writ, and it will issue only when the party
seeking the writ can show that she has no other adequate means to obtain the relief
requested. In re Flat Glass Antitrust Litigation, 288 F.3d 83, 91 (3d Cir. 2002).
A § 2255 motion is the presumptive means for a federal prisoner to
challenge his conviction or sentence. Okereke v. United States, 307 F.3d 117, 120 (3d
Cir. 2002). Davis-Rice’s mandamus petition directly challenges her conviction and
sentence and thus should be brought under § 2255. Because it appears that Davis-Rice
has another adequate means to pursue her relief, we will deny her petition.
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