Opinion
Civil Action No. 13 0094
01-23-2013
CLYDE LACY RATTLER, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Respondents.
MEMORANDUM OPINION
This matter is before the Court on the petitioner's application to proceed in forma pauperis and his pro se petition for a writ of mandamus. The Court will grant the application and dismiss the petition.
Although portions of petition are illegible, it is clear that petitioner demands a writ of mandamus directing "the human race to [sic] naked on the sidewalk unable to move their body for eternity." Pet. at 2. Mandamus relief is proper only if "(1) the plaintiff has a clear right to relief; (2) the defendant has a clear duty to act; and (3) there is no other adequate remedy available to plaintiff." Council of and for the Blind of Delaware County Valley v. Regan, 709 F.2d 1521, 1533 (D.C. Cir. 1983) (en banc). The party seeking mandamus has the "burden of showing that [his] right to issuance of the writ is 'clear and indisputable,' Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289 (1988) (citing Bankers Life & Cas. Co. v. Holland, 346 U.S. 379, 384 (1953)), and this petitioner utterly fails to meet his burden. The petition therefore must be denied. An Order accompanies this Memorandum Opinion.
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United States District Judge