DOJ-OGR-00019604.jpg
Extracted Text (OCR)
Case 20-3061, Document 69, 09/28/2020, 2940206, Page13 of 15
protective order), superseded by rule on other grounds as recognized in Bond v. Utreras,
585 F.3d 1061, 1068 n.4 (7th Cir. 2009); see Pappas, 94 F.3d at 798 (recognizing that
protective orders in criminal cases “[i]n rare instances . . . might raise issues
available for review via a petition for writ of mandamus”).
A writ of mandamus issued under the All Writs Act “confine[s]| the court
against which mandamus is sought to a lawful exercise of its prescribed
jurisdiction.” Jn re City of N.Y., 607 F.3d 923, 932 (2d Cir. 2010) (internal
quotations omitted). A writ is properly issued when “exceptional circumstances
amount] toa...clear abuse of discretion.” /d. (internal quotations omitted).
Three conditions must exist for this Court to issue a writ of mandamus:
(1) the petitioner must demonstrate the right to issuance of the writ is clear and
indisputable; (2) she must have no other adequate means to attain the relief
desired; and (3) the issuing court must be satisfied the writ is appropriate. Jn re
Roman Catholic Diocese of Albany, N. Y., 745 F.3d 30, 35 (2d Cir. 2014). All three
conditions exist here.
First, as explained in her opening brief, Judge Nathan clearly abused her
discretion in declining to modify the protective order. Doc. 60, pp 23-33.
Second, Ms. Maxwell has no other adequate means to attain the relief
necessary because her request for Judge Preska to reevaluate her unsealing order
12
DOJ-OGR-00019604
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019604.jpg |
| File Size | 648.9 KB |
| OCR Confidence | 93.1% |
| Has Readable Text | Yes |
| Text Length | 1,506 characters |
| Indexed | 2026-02-03 19:45:24.270058 |