Roberts v. Smith et al
| Frederic Blair Roberts |
| Guy Cottrell, United States Postal Inspection Service and DJ Smith |
| 8:2021cv00524 |
| March 5, 2021 |
| U.S. District Court for the Middle District of Florida |
| William F Jung |
| Christopher P Tuite |
| Other Statutory Actions |
| 28 U.S.C. ยง 1651 |
| None |
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This docket was last retrieved on March 9, 2021. A more recent docket listing may be available from PACER.
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Filing 2
ENDORSED ORDER dismissing complaint. The Court has reviewed the complaint. Movant/plaintiff is in a dispute with his landlord. He alleges the landlord has taken his mail and opened or purloined it illegally. Movant/plaintiff seeks the federal court to mandamus the U.S. Postal Service to police the proper entitlement to mail, and to enforce the criminal postal tampering laws against the landlord. This is not something that a federal court has power to do under a writ of mandamus. "Obey the law" or "enforce the law" injunctions are not proper grounds for a remedy. The complaint is dismissed for failure to state a cause of action. If Movant/plaintiff seeks to refile, he must pay the filing fee or file a proper motion to proceed in forma pauperis. The Court would suggest to Movant/plaintiff that a state court action against the landlord might be appropriate, but a mandamus remedy against the Postal Service is very unlikely to succeed and may waste Movant/plaintiff's valuable time. Movant/plaintiff might be well advised to get a lawyer to assist him, and Bay Area Legal Services might offers its services, or provide valuable advice, for free. Their phone is (813) 232-1343. Signed by Judge William F. Jung on 3/9/2021. (Jung, William)
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| Filing 1 COMPLAINT against Guy Cottrell, DJ Smith, United States Postal Inspection Service filed by Frederic Blair Roberts. (Attachments: #1 Exhibit, #2 Mailing Envelope)(Filing Fee Not Paid - No IFP Motion Filed.)(CRH) |
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