Third Circuit disposition — 071782np-pdf

DLD-208 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 07-1782
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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-04484)
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Submitted Under Rule 21, Fed. R. App. P.
April 26, 2007
BEFORE: BARRY, AMBRO and FISHER, Circuit Judges
(Filed: May 18, 2007)
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OPINION
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PER CURIAM
Janet Francis, a former Guidance Counselor Technician in the Department
of the Army Technician Program, filed a mandamus petition with this Court on March 19,
2007. She argues that she was discharged from her position in violation of numerous
Constitutional rights and seeks an order requiring her reinstatement.
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 and money damages based on essentially the same facts alleged in
her mandamus petition. D.N.J. Civ. No. 05-cv-04484. The District Court dismissed her
complaint, and Francis filed two appeals, which are currently pending before this Court.
C.A. Nos. 06-2793 and 06-2920. These pending appeals clearly provide 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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