Legal Opinion

Walter L. McClellan v. Don J. Young, Judge, United States District Court, Northern District of Ohio

Court of Appeals for the Sixth Circuit

Decided February 13, 1970No. 20200PublishedCited by 19 opinions

1Per curiam

This cause is before the Court on the motion of the Respondent District Judge to dismiss the petition for a writ of mandamus filed in this Court, on the ground that it does not allege any failure on his part to perform a non-discretionary act.

Petitioner’s mandamus action seeks an order compelling the District Judge to act on his petition for a writ of habeas corpus, which had been pending before the District Judge since October 7, 1969.

In his memorandum in support of-his motion to dismiss, the District Judge stated, among other things:

“On October 20, 1969, in accordance with the practice of…

2Cases cited6 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. La Buy v. Howes Leather Co.Supreme Court of the United States · 1957
  3. Herbert E. Rose v. E. B. Haskins, SuperintendentCourt of Appeals for the Sixth Circuit · 1968
  4. Odis R. Van Buskirk v. Fred T. Wilkinson, as Warden of the United States Penitentiary, McNeil Island, WashingtonCourt of Appeals for the Ninth Circuit · 1954
  5. Jodie Bailey v. W. Frank Smyth, Jr., Superintendent, the Penitentiary, Richmond, Va.Court of Appeals for the Fourth Circuit · 1955

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Ronald Madden v. Kevin Myers, Honorable Malcolm Muir, United States District Judge, NominalCourt of Appeals for the Third Circuit · 1996
  2. Hoeun Yong v. Immigration and Naturalization Service,opinionCourt of Appeals for the Ninth Circuit · 2000
  3. Victor Hassine v. Charles Zimmerman, Superintendent, and the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 1998
  4. Johnson v. RogersCourt of Appeals for the Tenth Circuit · 1990
  5. Johnson v. RogersCourt of Appeals for the Tenth Circuit · 1990

14 more not listed; retrieve them via the Exa API.

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