Martens v. Hall

ORDER

FULTON, District Judge.

This cause came before the Court upon the motions of the defendants to dismiss and for a writ of prohibition.

Defendants style their first motion as an “Application for a Writ of Prohibition.” The statutory grant of power to federal courts to issue the writ of prohibition is found in 28 U.S.C. § 1651(a). The general purpose of this writ is to protect the court’s appellate jurisdiction. See Parr v. United States, 351 U.S. 513, 76 S.Ct. 912, 100 L.Ed. 1377 (1956). Thus, the writ petitioned for herein is incorrectly styled. The defendants, no doubt, seek to enjoin…