Gerald Jones v. Sue E. Myerscough
| GERALD JONES |
| SUE E. MYERSCOUGH |
| 23-1483 |
| March 14, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
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Filing 2
ORDER: On Friday, March 10, 2023, the court received the appellants motion to recall the mandate in appeal 22-1189. In that motion, the appellant requested two forms of relief: (1) an order directing the district court to process his lawsuit more quickly, and (2) an order directing the district judge to recuse. We construed the motion as one seeking mandamus relief and directed the clerk to refile the motion as a petition for a writ of mandamus. Pro se petitioner Gerald Jones says that mandamus relief is necessary because the district court is moving too slowly. As a result, he says, the defendants have been allowed to continue ignoring the serious risk of harm created by his painful medical problems. He also says that he has been forced to self-harm to receive adequate medical attention. These allegations are concerning. We previously noted that Jones sufficiently alleged a risk of serious, imminent physical harm such that the three-strikes provision of the Prison Litigation Reform Act did not bar his lawsuit. See 28 U.S.C. 1915(g). And we issued the mandate forthwith because his lawsuit had already been pending for six months and he faced urgent health concerns. Even so, mandamus relief is extraordinary and is reserved for the most unusual situations. See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 38081 (2004). In some circumstances, if a district court unduly delays handling a lawsuit, then mandamus relief may become necessary. See Will v. Calvert Fire Ins. Co., 437 U.S. 655, 66162 (1978) (plurality opinion) (recognizing propriety of mandamus if district court, without reason, refuses to adjudicate a case); cf. In re United States ex rel. Drummond, 886 F.3d 448, 450 (5th Cir. 2018) (granting mandamus where some motions had been pending in the district court for four years). Here, it has been about six months since we issued our previous order, and we see no indication that the district court is ignoring or refusing to adjudicate the lawsuit. Given the seriousness of Joness allegations, however, we encourage the district court to take all steps it believes are reasonably necessary to ensure that Joness medical problems are sufficiently addressed. In light of the foregoing, the petition is DENIED. This order resolves the appeal. This petition is resolved by the same panel that resolved Jones v. Burle, No. 22-1189, 2022 WL 4008712 (7th Cir. 2022). As Circuit Judge Jackson-Akiwumi is unavailable, the appeal is being resolved by a quorum of the panel. 28 U.S.C. 46(d). Frank H. Easterbrook, Circuit Judge and Amy J. St. Eve, Circuit Judge. [ # 1 ] [2] [7297596] [23-1483] (HTP) [Entered: 03/15/2023 02:32 PM]
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| FOR COURT USE ONLY: Certified copy of 03/15/2023 Mandamus Final Order sent to the District Court Clerk. [7297609-2] [7297609] [23-1483] (HTP) [Entered: 03/15/2023 02:51 PM] |
| Filing 1 Petition for Writ of Mandamus filed. Fee due. Fee or IFP forms due on 03/28/2023 for Petitioner Gerald Jones. Filed pursuant the court's 3/14/23 order issued in appeal no. 22-1189. [1] [7297290] [23-1483] (ER) [Entered: 03/14/2023 01:14 PM] |
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| Petitioner: GERALD JONES | |
| Represented By: | Gerald Jones |
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| Respondent: SUE E. MYERSCOUGH | |
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