Fenderson v. Wills et al
| Leon Fenderson |
| Anthony Wills and Menard Health |
| 3:2023cv03826 |
| December 4, 2023 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Stephen P McGlynn |
| Mandamus & Other |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
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| Filing 5 CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 12/5/2023. (trf) |
Filing 4
ORDER: Before the Court is Fenderson's #1 Petition for Writ of Mandamus (Fenderson labels it as a Motion for Writ of Mandamus in his filing). Fenderson asks this Court to issue a writ of mandamus to compel Heller, Holmes & Associates P.C. to provide information on a lawsuit he alleges was settled in 2021. First, the lawsuits which Fenderson references were filed in the U.S. District Court for the Central District of Illinois, not this District. See Orr et al. v. Elyea et al., No. 08-cv-02232-SLD; Williams v. Shicker, No. 15-cv-02221-SLD. Second, a writ of mandamus pursuant to the All Writs Act, 28 U.S.C. 1651, is "a drastic and extraordinary remedy reserved for really extraordinary causes." United States v. Henderson, 915 F.3d 1127, 1132 (7th Cir. 2019) (quoting Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380 (2004)). Moreover, "[m]andamus, which is an extreme form of equitable relief, 'is a writ designed to require an official to perform an act required by law.'" Preferred Sites, LLC v. Troup Cnty., 296 F.3d 1210 (11th Cir. 2002) (quoting Corn v. City of Lauderdale Lakes, 904 F.2d 585, 587 (11th Cir. 1990)) (emphasis added). As Fenderson seeks to compel private actors, the Court is without jurisdiction to issue the remedy Fenderson seeks. For these reasons, Fenderson's #1 Petition for Writ of Mandamus is DISMISSED without prejudice. The Clerk of Court is DIRECTED to close this case on the Court's docket. Signed by Judge Stephen P. McGlynn on 12/5/2023. (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 12/5/2023 (trf). Modified on 12/5/2023 (trf).
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| Filing 3 Letter from USDC/SDIL to Petitioner informing him of case number and filing fee requirements. (jaj) #1 Motion to Proceed IFP) |
| Filing 2 NOTICE FROM CLERK Instructing Petitioner to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Petitioner on 12/5/2023. Consent due by 12/26/2023 (jaj) |
| Filing 1 PETITION for Writ of Mandamus filed by Leon Fenderson.(jaj) |
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