The following excerpt is from Lashchuk v. Holder, Case No.: 1:13-cv-01376-AWI-SAB (HC) (E.D. Cal. 2013):
F.2d 564, 565 (9th Cir. 1986)). A district court may issue a writ of mandamus under 1361 "only when (1) the plaintiff's claim is 'clear and certain'; (2) the defendant official's duty to act is ministerial, and 'so plainly prescribed as to be free from doubt'; and (3) no other adequate remedy is available." Barron, at 1374 (quoting Fallini v. Hodel, 783 F.2d 1343, 1345 (9th Cir. 1986)). As a general rule, "mandamus may not be used to impinge upon an official's legitimate use of discretion." Id. at 1376. The only exception exists when "statutory or regulatory standards delimiting the scope or manner in which such discretion can be exercised . . . have been ignored or violated." Id. (internal quotations and citations omitted).
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