Winters v. Travia

I concur in the denial of transfer of this ■ case to another district judge. However, I would go further and hold that there was no abuse of discretion or usurpation of power on the part of the district court warranting issuance of the extraordinary remedy of mandamus at all. On the contrary his order granting an examination of petitioner pursuant to Rule 35, F.R.Civ.P., was supported by a showing of good cause and well within his discretionary powers. Petitioners’ “constitutional” claim to be relieved of such an examination, is nothing more than a smokescreen which has the effect of…