S. Ct. Civ. No. 2018-0038

In this petition for a writ of mandamus, Jensen Alexander-who is incarcerated outside the territory-seeks an order requiring the Nominal Respondent to schedule an evidentiary hearing in his habeas corpus action and to order that he physically appear at the hearing, rather than appear by video conference. After this petition was filed, the Nominal Respondent issued an order scheduling the evidentiary hearing and requiring the Bureau of Corrections to ensure that Alexander appears by video conference. Thus, the first request will be denied as moot. Where a petition for writ of mandamus is based on a judge's duty to issue legally-correct rulings, the writ is only appropriate to correct judicial action that is clearly contrary to well-settled law. Here, Alexander provides no legal support for his argument that title 5, sections 1305 and 1309, of the Virgin Islands Code requires his physical presence inside the courtroom. Nor does he discuss Virgin Islands Habeas Corpus Rule 2(g)(3), which authorizes a prisoner's evidentiary hearing appearance by videoconference, subject to certain conditions. Accordingly, Alexander's petition for a writ of mandamus requiring the Nominal Respondent to order his physical presence at the hearing is denied.