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  • In Re Delton L. Dorty, SR., 867 F.2d 608, 4th Cir. (1989)

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    Delton L. Dorty, Sr. petitioned the Fourth Circuit Court of Appeals for a writ of mandamus directing the district court to enter a default judgment in his favor. The Fourth Circuit denied the petition because a writ of mandamus is only appropriate if there is no other means to obtain relief and the right to relief is clear. Here, Dorty could seek a default judgment through the district court, which could grant the motion prior to a final judgment. Therefore, the requirements for a writ of mandamus were not met and the petition was denied.

    Original Description:

    Filed: 1989-01-20 Precedential Status: Non-Precedential Citations: 867 F.2d 608 Docket: 88-8040

    Original Title

    In Re Delton L. Dorty, Sr., 867 F.2d 608, 4th Cir. (1989)

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    Delton L. Dorty, Sr. petitioned the Fourth Circuit Court of Appeals for a writ of mandamus directing the district court to enter a default judgment in his favor. The Fourth Circuit denied the petition because a writ of mandamus is only appropriate if there is no other means to obtain relief and the right to relief is clear. Here, Dorty could seek a default judgment through the district court, which could grant the motion prior to a final judgment. Therefore, the requirements for a writ of mandamus were not met and the petition was denied.

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    In Re Delton L. Dorty, SR., 867 F.2d 608, 4th Cir. (1989)

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    Delton L. Dorty, Sr. petitioned the Fourth Circuit Court of Appeals for a writ of mandamus directing the district court to enter a default judgment in his favor. The Fourth Circuit denied the petition because a writ of mandamus is only appropriate if there is no other means to obtain relief and the right to relief is clear. Here, Dorty could seek a default judgment through the district court, which could grant the motion prior to a final judgment. Therefore, the requirements for a writ of mandamus were not met and the petition was denied.

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    of 2

    867 F.

    2d 608
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In re Delton L. DORTY, Sr., Petitioner.
    No. 88-8040.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Nov. 29, 1988.
    Decided: Jan. 20, 1989.

    Delton L. Dorty, Sr., petitioner pro se.


    Before ERVIN, CHAPMAN and WILKINS, Circuit Judges.
    PER CURIAM:

    Delton L. Dorty, Sr. petitions the Court for a writ of mandamus directing the
    district court to enter a default judgment in his favor in Dorty v. Martin, C/A
    No. 88-771-D (M.D.N.C.). Dorty has filed a motion for a default judgment
    against the defendants in that case, claiming that they did not file timely
    answers to his complaint.

    A writ of mandamus is appropriate only if the petitioner has no other adequate


    means to obtain the relief he seeks and if his right to relief is clear and
    indisputable. In re Beard, 811 F.2d 818, 827 (4th Cir.1987). Dorty has other
    means to obtain a default judgment if he is entitled to one, as the district court
    may grant his motion for a default judgment prior to entering final judgment on
    the merits. See Fed.R.Civ.P. 54(b) (unless district court directs entry of final
    judgment as to certain claims and certifies no just reason for delay, all
    interlocutory orders are subject to revision at any time before final judgment).

    Accordingly, we while we grant leave to proceed in forma pauperis, we deny

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    the petition for a writ of mandamus.


    PETITION DENIED.

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