In Re Theophilus Badfoot

D.C. Circuit

In Re Theophilus Badfoot

948 F.2d 781, 292 U.S. App. D.C. 189, 1991 U.S. App. LEXIS 28459, 1991 WL 239645

CourtCourt of Appeals for the D.C. Circuit

DecidedOctober 29, 1991

Docket91-8005

StatusUnpublished

This text of 948 F.2d 781 (In Re Theophilus Badfoot) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Theophilus Badfoot, 948 F.2d 781, 292 U.S. App. D.C. 189, 1991 U.S. App. LEXIS 28459, 1991 WL 239645 (D.C. Cir. 1991).

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948 F.2d 781

292 U.S.App.D.C. 189

NOTICE: D.C. Circuit Local Rule 11(c) states that unpublished orders, judgments, and explanatory memoranda may not be cited as precedents, but counsel may refer to unpublished dispositions when the binding or preclusive effect of the disposition, rather than its quality as precedent, is relevant.
In re Theophilus BADFOOT.

No. 91-8005.

United States Court of Appeals, District of Columbia Circuit.

Oct. 29, 1991.

Before WALD, D.H. GINSBURG and RANDOLPH, Circuit Judges.

ORDER

PER CURIAM.

Upon consideration of the motion for leave to proceed in forma pauperis and the petition for writ of mandamus, it is

ORDERED that the motion for leave to file in forma pauperis be granted. It is

FURTHER ORDERED that the petition be denied. "A petitioner for mandamus must ... demonstrate that his 'right to issuance of the writ is clear and indisputable....' " In re Halkin, 598 F.2d 176, 198 (D.C.Cir.1979) (quoting Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 384 (1953)). "A writ of mandamus is an extraordinary remedy, to be reserved for extraordinary circumstances" and "federal courts have used the writ 'only to confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when it is its duty to do so.' " Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289 (1988) (quoting Roche v. Evaporated Milk Ass'n, 319 U.S. 21, 26 (1943)). In addition, a writ of mandamus will not issue where an adequate alternative remedy exists. See In re GTE Service Corp., 762 F.2d 1024, 1026-27 (D.C.Cir.1985). Petitioner has not demonstrated that the relief he seeks justifies issuance of the extraordinary remedy of mandamus.

The Clerk is directed to enter the petition for a writ of mandamus on the court's general docket.

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948 F.2d 781

292 U.S.App.D.C. 189

NOTICE: D.C. Circuit Local Rule 11(c) states that unpublished orders, judgments, and explanatory memoranda may not be cited as precedents, but counsel may refer to unpublished dispositions when the binding or preclusive effect of the disposition, rather than its quality as precedent, is relevant.
In re Theophilus BADFOOT.

No. 91-8005.

United States Court of Appeals, District of Columbia Circuit.

Oct. 29, 1991.

Before WALD, D.H. GINSBURG and RANDOLPH, Circuit Judges.

ORDER

PER CURIAM.

Upon consideration of the motion for leave to proceed in forma pauperis and the petition for writ of mandamus, it is

ORDERED that the motion for leave to file in forma pauperis be granted. It is

FURTHER ORDERED that the petition be denied. "A petitioner for mandamus must ... demonstrate that his 'right to issuance of the writ is clear and indisputable....' " In re Halkin, 598 F.2d 176, 198 (D.C.Cir.1979) (quoting Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 384 (1953)). "A writ of mandamus is an extraordinary remedy, to be reserved for extraordinary circumstances" and "federal courts have used the writ 'only to confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when it is its duty to do so.' " Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289 (1988) (quoting Roche v. Evaporated Milk Ass'n, 319 U.S. 21, 26 (1943)). In addition, a writ of mandamus will not issue where an adequate alternative remedy exists. See In re GTE Service Corp., 762 F.2d 1024, 1026-27 (D.C.Cir.1985). Petitioner has not demonstrated that the relief he seeks justifies issuance of the extraordinary remedy of mandamus.

The Clerk is directed to enter the petition for a writ of mandamus on the court's general docket.

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948 F.2d 781, 292 U.S. App. D.C. 189, 1991 U.S. App. LEXIS 28459, 1991 WL 239645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-theophilus-badfoot-cadc-1991.

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