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Sixth Circuit US Court of Appeals Redefines Michigan Prisoner’s Mandamus
The United States Court of Appeals for the Sixth Circuit subjected a Michigan prisoner’s petition for a writ of mandamus to the five prong test case, John B. v. Goetz, 531 F.3d 457 (6th Cir. 2008), and other case law in determining the case not germane to the constraints of mandamus. The court did, however construe the petition as a notice of appeal and forwarded it back to the relevant court for docketing.
Jesse Jones filed a 42 USC § 1983 claim against a prison doctor and two nurses alleging retaliation and deliberate indifference to his serious medical needs. The District court granted summary judgment to first the nurses, then the doctor and dismissed the case. Jones filed objections with the district court challenging the summary judgments, and eight months later followed with a petition for writ of mandamus with the district court seeking to compel them to rule on his objections. District court denied the petition.
In response to Jones’ mandamus petition before the court of appeals, the court referenced case law that highlighted the preponderance of situational notoriety underlying and central to imitation of mandamus action; a state which Jones was unable to achieve with his argument. The court of appeals denied Jones’ petition.
The court did note, however, that the elements brought forth by Jones’ petition did correspond with Fed. R. App. P. requirements for notice of appeal, and elected to construe the petition as such. See: In re Jones, 680 F.3d 640 (6th Cir. 2012).
Jesse Jones filed a 42 USC § 1983 claim against a prison doctor and two nurses alleging retaliation and deliberate indifference to his serious medical needs. The District court granted summary judgment to first the nurses, then the doctor and dismissed the case. Jones filed objections with the district court challenging the summary judgments, and eight months later followed with a petition for writ of mandamus with the district court seeking to compel them to rule on his objections. District court denied the petition.
In response to Jones’ mandamus petition before the court of appeals, the court referenced case law that highlighted the preponderance of situational notoriety underlying and central to imitation of mandamus action; a state which Jones was unable to achieve with his argument. The court of appeals denied Jones’ petition.
The court did note, however, that the elements brought forth by Jones’ petition did correspond with Fed. R. App. P. requirements for notice of appeal, and elected to construe the petition as such. See: In re Jones, 680 F.3d 640 (6th Cir. 2012).
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Related legal case
In re Jones
| Year | 2012 |
|---|---|
| Cite | 680 F.3d 640 (6th Cir. 2012) |
| Level | Court of Appeals |