Ellis v. United States District Court for the Western District of Washington

ORDER

We hereby DENY Respondent’s Motion for Recall and Stay of Mandate because, due to the nature of mandamus proceedings, we have not issued a “mandate.” As we explain below, our grant of Ellis’s petition for a writ of mandamus operated as “a writ of mandate,” which took immediate effect.

A writ of mandate is “an order from an appellate court directing a lower court to take a specified action.” Black’s Law Dictionary 973 (7th ed.1999). Because a writ *1023of mandate functions as an order, we do not issue along with it a “mandate” in the sense of a secondary decree relinquishing jurisdiction over…