Michael Delbridge v.
687 F. App'x 204
| 3rd Cir. | 2017Background
- In 2007 Michael Delbridge pleaded guilty in the W.D. Pa. to possession with intent to distribute crack cocaine.
- In March 2006, while on federal pretrial release, state police stopped Delbridge and seized crack cocaine plus $256.55, two cell phones, and a wallet.
- The federal government later indicted Delbridge for the March 26, 2006 offense; Delbridge moved in federal court under Fed. R. Crim. P. 41(g) for return of the personal property.
- The District Court (with the Government’s consent, except as to interest) ordered return of the property and directed the government to arrange its return; Delbridge says his subsequent state-court motion in Fayette County has not been adjudicated.
- Delbridge petitioned this Court for a writ of mandamus directing the Fayette County Court of Common Pleas to grant his state-court return-of-property motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether this Court may issue mandamus to compel a state court to act on Delbridge’s state return-of-property motion | Delbridge asks the court to order the state court to adjudicate his motion | The government implicitly argues federal courts lack authority to direct state courts; Court notes no federal district court or federal officer action requiring appellate assistance | Dismissed for lack of jurisdiction; federal appellate mandamus cannot compel state courts to act |
| Whether an independent federal jurisdictional basis exists to grant mandamus relief under the All Writs Act | Delbridge did not identify any district-court action within this Circuit or federal-actor omission that would justify mandamus in aid of federal jurisdiction | Government and court point to absence of any federal proceeding impeded or any federal officer to be compelled | No independent federal jurisdictional basis; All Writs Act jurisdiction not satisfied |
| Whether relief should be sought against the Government for failing to return property as ordered by the district court | Delbridge did not press a mandamus claim against the Government here | Government had represented it contacted local police and was locating the property; district court ordered government to arrange return | Delbridge did not seek mandamus against the Government and alternative remedies would exist if he alleged government inaction |
| Whether the Court’s disposition binds the full Court or sets precedent | N/A | N/A | Per curiam disposition not binding precedent under I.O.P. 5.7 |
Key Cases Cited
- United States v. Christian, 660 F.2d 892 (3d Cir. 1981) (mandamus may issue only to aid an independent federal jurisdiction)
- In re Wolenski, 324 F.2d 309 (3d Cir. 1963) (federal court lacks jurisdiction to compel state officials by mandamus)
- White v. Ward, 145 F.3d 1139 (10th Cir. 1998) (federal courts lack authority to direct state courts to perform duties)