发言原文
IV. REASONS WHY THE WRIT SHOULD ISSUE A. The District Court has a Clear Legal Duty to Docket Filings. Under the CVRA, the court "shall decide any motion asserting a victim’s right" and shall do so "forthwith." 18 U.S.C. § 3771(d)(3). By refusing to even docket the motion, the District Court is effectively denying Petitioner the right to be heard without a record, which is an abuse of discretion and a violation of due process. B. Petitioner’s CVRA and MVRA Rights are at Risk of Irreparable Loss. The CVRA and MVRA grant victims the right to "full and timely restitution." 18 U.S.C. § 3771(a)(6). As the underlying criminal proceedings progress toward [Sentencing/Final Judgment], the failure to docket these motions creates a high risk that Petitioner’s rights will be permanently extinguished or "lost" due to the finality of the court’s upcoming orders. C. No Other Adequate Remedy Exists. Petitioner has exhausted all administrative and lower-court avenues, including informal inquiries and a formal motion to compel in the District Court. Mandamus is the only remaining vehicle to ensure the District Court complies with its statutory obligations.