United States District Court, D. Maryland
L. Hollander United States District Judge
February 7, 2019, the Court received a self-styled Petition
for Writ of Mandamus from Alvin Faulkner, who is self
represented, requesting that this Court issue a subpoena
duces tecum to the Department of Justice for the
“production” of United States Pardon #3011897210,
and a subpoena ad testificandum for his person to appear in
this Court. ECF 1; ECF 1-3. Faulkner, who states that he is
“currently a ward of [the] State of Maryland, housed in
a state institution, ” requests mandamus relief because
the “Warden of Western Correctional Institute has
denied the execution and authority of United States Pardon
#3011897210, issued October 2016.” ECF 1 (some
construe Faulkner's Mandamus Petition as a request to
this Court to order the Department of Justice to provide
Faulkner and the Court with a copy of United States Pardon
#3011897210, and for the Warden of the state institution to
release him from confinement, based on the Pardon.
28 U.S.C. § 1361, the federal district courts have
original jurisdiction of any action in the nature of mandamus
to compel an officer or employee of the United States or one
of its agencies to perform a duty owed to a petitioner. In
order to meet the requirements for mandamus relief, a
petitioner must show that he has the clear legal right to the
relief sought; that the respondent has a clear legal duty to
do the particular act requested; and that no other adequate
remedy is available. See In re First Fed. Savings and
Loan Ass'n of Durham, 860 F.2d 135, 138 (4th Cir.
1988); Asare v. Ferro, 999 F.Supp. 657, 659 (D. Md.
1998). The failure to show any of these prerequisites defeats
a district court's jurisdiction under 28 U.S.C. §
1361. See Nat'l Ass'n of Gov't Emps. v. Fed.
Labor Relations Authority, 830 F.Supp. 889, 898 (E.D.
Va. 1993). Further, the issuance of a writ of mandamus under
§ 1361 is an extraordinary remedy. See Carter v.
Seamans, 411 F.2d 767, 773 (5th Cir. 1969) (citations
omitted). Even if the three prerequisite elements are
satisfied, the mandamus remedy lies within the discretion of
the trial court. See Or. Nat. Resource Council v.
Harrell, 52 F.3d 1499, 1508 (9th Cir. 1995).
has failed to make the requisite showing. As to
Faulkner's request that the Court compel the Department
of Justice to provide him with “United States Pardon
#3011897210, ” Faulkner has not demonstrated that he
lacks an alternative adequate remedy, such as corresponding
directly with the Department of Justice, submitting a Freedom
of Information Act request, or some similar action. To the
extent that Faulkner is requesting the Court to compel the
Warden to take some action, the Court cannot do so because
the Court's mandamus power only extends to federal
entities and agents, not state employees. Thus,
Faulkner's Petition for Mandamus Relief must be denied.
given Faulkner's plainly erroneous belief that he has
received a federal pardon regarding his state conviction, the
Court finds it necessary to reiterate the following:
[A] “U.S. Pardon” would have no effect in a
Maryland state case, as federal pardons and commutations are
only applicable for federal offenses. See U.S.
Const. art. II, § 2, Cl. 1 (stating that the President
“shall have Power to grant Reprieves and Pardons for
Offenses against the United States, except in Cases
of Impeachment” (emphasis added)). For Petitioner to be
pardoned or have his sentence commuted in the above detailed
criminal cases, he would need a pardon from the Governor of
Maryland. See Md. Const. art II, § 20.
Out of an abundance of caution, the Court has reviewed the
docket sheets for Petitioner's criminal cases. It has
found no reference to pardons or commutations in either.
SeeMaryland Judiciary Case Search,
Faulkner v. U.S. Pardon No. 4, ELH-18-2468, ECF 2 at
I note that, despite the fact that Faulkner claims to have
received a federal pardon in October 2016, no federal pardons
were issued in that month. See Pardons Granted by
President Barack Obama (2009-2017),
https://www.justice.gov/pardon/obama-pardons (noting that in
the year 2016, the President issued pardons in January and
December). Indeed, during President Obama's entire
presidency, he did not grant a single pardon or commutation
to anyone with the surname Faulkner. See id.;
Commutations Granted by President Barack Obama (2009-2017),
because Faulkner's arguments are without merit, the
Petition for Writ of Mandamus shall be denied. A separate
 The Court received an additional
filing that was identical to the instant filing (ECF 2),
except for the fact that it was addressed to Judge Nickerson
(ECF 2-1). That filing was docketed as ...