In re: Otis Mitchell
| In re: OTIS D. MITCHELL |
| ZACHARY S. ROBINSON, POTTSTOWN POLICE DEPARTMENT, GABRIEL HUGHES, P.J. D'ANGELO, CARY B. HALL, RYAN L. GUTH, SCOTT F. FLAME, EDWARD C. KROPP, LAUREN HERON, THOMAS P. ROGERS, WILLIAMS CARPENTER and JUAN R. SANCHEZ |
| 25-3601 |
| December 31, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Filing 2 NONCOMPLIANCE Order sent to Petitioner Otis D. Mitchell In September 2025, Otis Mitchell sent a letter to the U.S. Court of Appeals for the Federal Circuit referencing a lawsuit that had been dismissed in June by the U.S. District Court for the Eastern District of Pennsylvania (Mitchell v. Robinson, No. 2:24-cv-05687). The Federal Circuit docketed that letter as a petition for a writ of mandamus and transferred it to this Court. Action on the petition for a writ of mandamus is hereby deferred. Petitioner did not pay the docketing fee or file a motion for leave to proceed in forma pauperis (IFP). Within fourteen (14) days of the date of this order, Petitioner must either remit payment of the $600.00 docketing fee or file a motion for leave to proceed in forma pauperis and affidavit. A form IFP affidavit is enclosed for Petitioners convenience. Any IFP motion filed by a prisoner must be accompanied by a certified statement of the institutional account for the six months prior to this date. It is noted that a petition for writ of mandamus is an original action and a separate motion for leave to proceed in forma pauperis must be filed, regardless of Petitioners fee status in other proceedings. If the docketing fee is not paid or the IFP motion is not filed, the petition may be dismissed without further notice. See 3d Cir. L.A.R. 3.3(a), 107.1(a). Petitioner must also serve the petition on each party to the proceeding in the trial court (or on counsel for each party), and provide a copy of the petition for writ of mandamus to the District Court judge. See Fed. R. App. P. 21(a)(1). In addition, a copy of the IFP motion must be served on each party to the proceeding, to include the District Court judge. A certificate of service reflecting that the petition has been served must be submitted to the Court of Appeals within fourteen (14) days of the date of this order. See Fed. R. App. P. 21, 25. The petition will not be submitted to the Court until the docketing fee or IFP motion and the certificate of service are received. See Fed. R. App. P. 21(a)(3). If they are not received by the deadline, the petition may be dismissed without further notice. See 3d Cir. L.A.R. 107.1, 107.2. (SB) [Entered: 01/02/2026 03:37 PM] |
| Filing 1 PETITION FOR WRIT OF MANDAMUS DOCKETED. Notice filed by Petitioner Otis D. Mitchell. (SB) [Entered: 01/02/2026 03:20 PM] |
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