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Adams v. United States Customs & Border Protection
689 F. App'x 580
| 9th Cir. | 2017
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Docket

*1 Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Jaymar Stanton Adams appeals pro se from the district court’s summary judgment on his petition for writ of mandamus under 28 U.S.C. § 1361. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Guatay Christian *2 Fellowship v. County of San Diego , 670 F.3d 957, 970 (9th Cir. 2011) (cross- motions for summary judgment); Kildare v. Saenz , 325 F.3d 1078, 1082 (9th Cir. 2003) (denial of mandamus). We affirm.

The district court properly granted summary judgment on Adams’s petition for writ of mandamus because Adams failed to raise a genuine dispute of material fact as to whether his claim was “clear and certain” and whether there was “no other adequate remedy” available. See Lowry v. Barnhart , 329 F.3d 1019, 1021 (9th Cir. 2003) (setting forth elements for mandamus relief).

Adams’s request to transfer this matter to the District of South Dakota, set forth in his opening brief, is denied.

AFFIRMED.

2 16-15230

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Adams v. United States Customs & Border Protection
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 24, 2017
Citation: 689 F. App'x 580
Docket Number: 16-15230
Court Abbreviation: 9th Cir.
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