909 F. 2d 1489 - Rowland v. United States District Court for the Northern District of California
909 F2d 1489 Rowland v. United States District Court for the Northern District of California
909 F.2d 1489
Unpublished Disposition
James ROWLAND, Director, California Department of
Corrections; Daniel Vasquez, Warden, et al., Petitioners,
v.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
CALIFORNIA, Respondent,
Joseph Toussaint, et al., Real Parties in Interest.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Advertisement
No. 90-70103.
United States Court of Appeals, Ninth Circuit.
Aug. 6, 1990.
Before SCHROEDER and CANBY, Circuit Judges, and WILLIAM J. REA,* District Judge.
ORDER
The petition for writ of mandamus is denied. Petitioners have not demonstrated that adequate relief will be unavailable on appeal. See Organization For Reform of Marijuana Laws v. Mullen, 828 F.2d 536, 542 n. 2 (9th Cir.1987) ("there is no prospect of irreparable harm from payment of ... fees ... because the money paid can be recouped"). Further, petitioners have not shown that the other factors set forth in Bauman v. United States District Court, 557 F.2d 650, 654-55 (9th Cir.1977) weigh in favor of granting the "extraordinary remedy" of writ of mandamus. Mandamus relief, therefore, is not appropriate. Gulfstream Aerospace Corp. v. Mayacamas Corp., 108 S.Ct. 1133, 1143 (1988).
WRIT DENIED.
Honorable WILLIAM J. REA, United States District Judge for the Central District of California, sitting by designation