Wilson
Wilson v. United States District Court
Opinion
Lead Opinion
ORDER
These three cases involve the common issue of whether the Prison Litigation Reform Act (PLRA), Pub.L. No. 104-134, Title I, § 101(a) [Title VIII, § 802(a) ], 110 Stat. 1321 -66, codified at 18 U.S.C. § 3626 , applies retroactively to limit the compensation of special masters appointed before the 'PLRA’s effective date. 1 In each of these cases, petitioners seek a writ of mandamus commanding the district court to vacate its order holding, in substance, that § 802 does not apply retroactively to a special master appointed before the PLRA’s effective date.
18 U.S.C. § 3626 (f)(4). 2 In these cases, the special masters’ compensation is paid by petitioners and range from $90.00 to $250.00 per hour. The parties agree that the hourly rate established under 18 U.S.C. § 3006A is $75.00. 3 Thus, the remedy petitioners seek is to limit the special masters’ compensation to $75.00 per hour and for such compensation to be paid by the courts, rather than petitioners.
Mandamus is an extraordinary remedy limited to “exceptional circumstances.” Will v. United States, 389 U.S. 90, 95 , 88 S.Ct. 269, 273-74 , 19 L.Ed.2d 305 (1967). We have long applied a stringent five-factor test to…