David Crum v. United States

• Court: Court of Appeals for the D.C. Circuit
• Decided: June 26, 2024
• Docket: 24-5025
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-5025 September Term, 2023 1:21-cv-02583-UNA Filed On: June 26, 2024 David Hall Crum,

Appellant

v.

United States of America,

Appellee

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BEFORE: Wilkins, Childs, and Pan, Circuit Judges

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing and the petition for writ of mandamus, it is

ORDERED that the mandamus petition be dismissed for lack of jurisdiction. Under the All Writs Act, this court has jurisdiction to issue a writ of mandamus only if doing so “would protect [its] current or prospective jurisdiction.” In re Nat’l Nurses United, 47 F.4th 746, 752 (D.C. Cir. 2022); see 28 U.S.C. § 1651(a). Because this court lacks appellate jurisdiction to review decisions of the D.C. Superior Court or the D.C. Court of Appeals, see 28 U.S.C. § 1257; Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005), it also lacks jurisdiction to issue the writ. It is

FURTHER ORDERED AND ADJUDGED that the district court’s order entered January 26, 2024, be affirmed. This appeal is timely only as to the district court’s denial of leave to file a new series of documents. See Fed. R. App. P. 4(a). The district court did not abuse its discretion in denying appellant leave to file in this closed case. See Banner Health v. Price, 867 F.3d 1323, 1334 (D.C. Cir. 2017) (stating that district court has discretion to control its docket).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-5025 September Term, 2023

of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/ Daniel J. Reidy Deputy Clerk

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