Opinion
Civil Action No. 14–288
2014-01-31
Spence Taylor, Petitioner, v. Hon. Joy Flowers Conti, et al., Respondents.
Spencer Taylor, Washington, DC, pro se.
Application granted, and petition dismissed.
Spencer Taylor, Washington, DC, pro se.
MEMORANDUM OPINION
Reggie B. Walton, United States District Judge
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.
According to the petitioner, “[t]he CIA and its agents and Director [are] using a technology called voice to skull ... to harass [the petitioner] and use him to gather intelligence without his consent.” Pet. ¶ 3. According to the petitioner, this technology “allowed a microwave phone call directly to [the petitioner's] brain” in such a way that the CIA can “collect intelligence from [the petitioner's] surroundings wherever he went.” Id.; see id. ¶ 4. When the petitioner complained to defendants Conti and Fisher, these respondents allegedly “ordered a psych evaluation” rather than assist him. Id. ¶ 5. In this action, the petitioner demands a writ of mandamus “enjoining these officers and agents ... to cease and desist the conspiratorial actions and harassing communications.” Id. ¶ 6.
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, 108 S.Ct. 1133, 99 L.Ed.2d 296 (1988) (citing Bankers Life & Cas. Co. v. Holland, 346 U.S. 379, 384, 74 S.Ct. 145, 98 L.Ed. 106 (1953)). This petitioner addresses none of these elements, and thus fails to meet his burden.
The petition for a writ of mandamus will be denied. An Order accompanies this Memorandum Opinion.