Clifford R. West v. Edward J. Devitt, Chief District Judge, United States District Court for the District of Minnesota

Petitioner’s motion for leave to file an application for a writ of mandamus or prohibition without payment of docketing fee is granted, under 28 U.S.C.A. § 1916. The application to have a writ issued is, however, denied.

The writ was sought in relation to an action to recover for injuries from unseaworthiness and for maintenance and cure under the admiralty and maritime laws of the United States. The object was to prevent respondent, as judge, from engaging in a prior determination of the issue of laches as to the commencement of the suit, and to compel him to make the question a part of the…