In Re: Howitz
| DAN HOWITZ |
| RONALD FELDMAN and ELIZABETH MORSE |
| 26-1792 |
| July 8, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other |
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| JUDGMENT entered by Julie Rikelman, Appellate Judge; Seth Robert Aframe, Appellate Judge; and Joshua D. Dunlap, Appellate Judge: Petitioner Dan Howitz ("Petitioner") seeks a writ of mandamus in relation to a district court order requiring his in-person attendance at a deposition. Petitioner's Motion for Leave to Withdraw Motion to File Medical Affidavit and Records Under Seal is granted ; we note that we have considered to an appropriate degree the medical evidence and affidavits Petitioner filed in district court. With the points and arguments set out in the mandamus petition, Petitioner has failed to show that "extraordinary" mandamus relief is warranted. See Da Graca v. Souza , 991 F.3d 60, 64 (1st Cir. 2021) (explaining that "only exceptional circumstances amounting to a judicial usurpation of power, or a clear abuse of discretion, will justify the invocation of th[e] extraordinary remedy" of mandamus) (internal quotation marks, brackets, and citations omitted). Therefore, the petition is denied . Any remaining pending motions or requests, to the extent not moot in light of the foregoing, are denied . We note that Petitioner also has pending in this court direct appeals from certain rulings in the district court matter underlying this petition (Appeal Nos. 26-1797 and 26-1802). Those appeals will be addressed in due course. [26-1792] (ATC) [Entered: 07/16/2026 01:46 PM] |
| MOTION for leave to withdraw motion to file medical affidavit/records under seal [ # 6824513-2 ] filed by Petitioner Dan Howitz. Served on 07/15/2026. [26-1792] (ATC) [Entered: 07/15/2026 08:50 AM] |
| MOTION to proceed in forma pauperis filed by Petitioner Dan Howitz. Served on 07/10/2026. [26-1792] (DH) [Entered: 07/10/2026 01:41 AM] |
| MOTION For Time To Postal Mail Medical Affidavit filed by Petitioner Dan Howitz. Served on 07/10/2026. [26-1792] (DH) [Entered: 07/10/2026 01:40 AM] |
| MOTION to proceed in forma pauperis filed by Petitioner Dan Howitz. Served on 07/10/2026. [26-1792] (DH) [Entered: 07/10/2026 01:51 AM] |
| MOTION to consolidate cases 26-1792 and 26-1794 filed by Petitioner Dan Howitz. Served on 07/09/2026. [26-1792, 26-1794] (ATC) [Entered: 07/09/2026 11:07 AM] |
ORDER entered: Petitioner's motion to proceed in forma pauperis ("IFP") is denied without prejudice to re-filing. A compliant request for in forma pauperis status consists of a motion and a fully completed Form 4, Financial Affidavit. A copy of Form 4 is enclosed to the petitioner with this order. Petitioner's failure to either pay the $600.00 fee to the clerk of this court or file a compliant request for in forma pauperis status by July 23, 2026 , will result in dismissal of the petition for lack of diligent prosecution. [26-1792] (ATC) [Entered: 07/09/2026 03:09 PM]
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| ORIGINAL PROCEEDING docketed. Petition for a writ of mandamus filed by Petitioner Dan Howitz. Fee due 07/23/2026 . [26-1792] (ATC) [Entered: 07/09/2026 10:22 AM] |
| MOTION to file medical affidavit under seal filed by Petitioner Dan Howitz. Served on 07/07/2026. [26-1792] (ATC) [Entered: 07/09/2026 10:29 AM] |
| MOTION to proceed in forma pauperis filed by Petitioner Dan Howitz. Served on 07/07/2026. [26-1792] (ATC) [Entered: 07/09/2026 10:30 AM] |
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