Finley v. Chandler, 20836.
| Decision Date | 05 May 1967 |
| Docket Number | No. 20836.,20836. |
| Citation | 377 F.2d 548 |
| Parties | Frank FINLEY, Appellant, v. Elinor CHANDLER, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Frank Finley, appellant, in pro. per.
Elinor Chandler, Los Angeles, Cal., appellee, in pro. per.
Before CHAMBERS and BARNES, Circuit Judges, and SMITH,* District Judge.
Appellant seeks by writ of mandamus to require a former attorney to deliver a transcript of testimony. The attorney has denied possession, or that she ever had possession.
The writ of mandamus does not exist in federal court procedure. (Rule 81(b).) However, under 28 U.S.C. § 1651 (All Writs Statute) all courts may issue all writs necessary or appropriate in aid of their respective jurisdictions, including writs in the nature of mandamus.
Writs in the nature of mandamus are to compel an administrative officer to do a nondiscretionary administrative act.
While the attorney practicing in the federal courts is an officer of the federal court, this does not make him or her a federal official performing acts, or refusing to perform acts, done under color of federal authority. No attempt to allege the denial of a civil right can change this fact.
The federal courts lack authority to grant the relief herein sought.
The denial of the petition for a writ of mandamus is affirmed.
* Russell E. Smith, United States District Judge, Missoula, Montana, sitting by designation.
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Hill v. Mich. Dep't of Corrs.
... ... including writs in the nature of mandamus. Findley v ... Chandler , 377 F.2d 548 (9th Cir.1967); Booker v ... Arkansas , 380 F.2d 240 (8th Cir.1967); ... ...
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Spears v. Weiner, 2:14-cv-0950-CMK-P
...to enforce an established right by compelling the performance of a corresponding non-discretionary ministerial act. See Finley v. Chandler, 377 F.2d 548 (9th Cir. 1967). Plaintiff is not requesting this court order an action of any officer or employee of the United States or an agency there......
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Scally v. Ferrara
...to enforce an established right by compelling the performance of a corresponding non-discretionary ministerial act. See Finley v. Chandler, 377 F.2d 548 (9th Cir. 1967). Plaintiff is requesting this court to issue an order commanding county jail employees to act, or not act, in a certain ma......
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Gregris v. Edberg
...the practice prescribed in these rules." Thus it is that a writ of mandamus does not exist in the district court jurisdiction. Finley v. Chandler, 377 F.2d 548 (C.A.9), cert. den. 389 U.S. 869, 88 S.Ct. 146, 19 L.Ed.2d 147 (1967). Even though the writ of mandamus has been abolished, the cou......