In Re Donald L. Richard, Sr.

ORDER

The petitioner, an Ohio inmate, seeks a writ of mandamus directing the district court to return to him a file stamped copy of the notice of appeal he filed in Richard v. Wells, et al., Dist. No. 90-CV-610. In response, the district court has submitted a copy of its docket sheet and a letter setting forth the procedural history of the above case. It discloses the action was dismissed as frivolous on May 24, 1990. The petitioner’s notice of appeal was filed on July 13, 1990. That appeal is now docketed with this Court as Case No. 90-3657.

The remedy of mandamus is a drastic one, to be…