In re Ndoromo

Federal Circuit

In re Ndoromo

274 F. App'x 887

CourtCourt of Appeals for the Federal Circuit

DecidedApril 7, 2008

DocketMisc. No. 871

StatusPublished

This text of 274 F. App'x 887 (In re Ndoromo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Ndoromo, 274 F. App'x 887 (Fed. Cir. 2008).

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Opinion

ON PETITION FOR WRIT OF MANDAMUS

PER CURIAM.

ORDER

Akube W. Ndoromo petitions for a writ of mandamus directing Judge Emmet G. Sullivan to recuse himself in a criminal proceeding. Ndoromo also moves for leave to proceed in forma pauperis.

The authority of the court of appeals to issue a writ of mandamus “is restricted by statute to those cases in which the writ is in aid of [appellate] jurisdiction.” Roche v. Evaporated Milk Ass’n, 319 U.S. 21, 25, 63 S.Ct. 938, 87 L.Ed. 1185 (1943). We are a court of limited jurisdiction, which does not include appeals in criminal cases. See 28 U.S.C. § 1295. Because we would not have jurisdiction over an appeal in this case, we dismiss Ndoromo’s petition.

Accordingly,

IT IS ORDERED THAT:

(1) Ndoromo’s petition for writ of mandamus is dismissed for lack of jurisdiction.

(2) Ndoromo’s motion for leave to proceed in forma pauperis is moot.

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