Moreover, although petitioner has sought to expedite adjudication of his case in the Court of Appeals, he has not established that he lacks alternative means to obtain the relief he seeks. With respect to the order from which he appeals, petitioner may proceed to exhaust state remedies until the Court of Appeals rules. Regarding the claimed lack of medical treatment, in addition to seeking additional treatment at SCI Camp Hill, petitioner has the right to bring an action under 42 U.S.C. 1983. A petition for writ of mandamus will only be granted if the petitioner shows that he has a clear right to the relief sought, and petitioner has failed to do so in this case. Moreover, for mandamus to issue, a petitioner must demonstrate that he lacks adequate alternative means to obtain the relief he seeks, and, as noted above, petitioner has other adequate remedies.
Mandamus is an extraordinary remedy.
It is not warranted in this case. An appropriate order follows. Judge Smith was elevated to Chief Judge on February 1, 2001. The median time between the filing of a notice of appeal to formal disposition in the Third Circuit during that same time period was 10.9 months. See id. at 99.