From Casetext: Smarter Legal Research

Ross v. United States Attorney's Office

United States Court of Appeals, Ninth Circuit
Feb 20, 1975
511 F.2d 524 (9th Cir. 1975)

Summary

holding “The well-settled principle that mandamus does not lie to compel a United States Attorney to perform a discretionary act is dispositive of this appeal.”

Summary of this case from In re Charley

Opinion

No. 74-1919.

February 20, 1975.

Michael S. Ross, in pro. per.

Clarke A. Knicely, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellee.

Appeal from the District Court for the Central District of California.

Before KOELSCH and GOODWIN, Circuit Judges, and RENFREW, District Judge.

The Honorable Charles B. Renfrew, United States District Judge for the Northern District of California, sitting by designation.


OPINION


The well-settled principle that mandamus does not lie to compel a United States District Attorney to perform a discretionary act (Inmates of Attica Correctional Facility v. Rockefeller, 477 F.2d 375 (2nd Cir. 1973)) is dispositive of this appeal.

Affirmed.


Summaries of

Ross v. United States Attorney's Office

United States Court of Appeals, Ninth Circuit
Feb 20, 1975
511 F.2d 524 (9th Cir. 1975)

holding “The well-settled principle that mandamus does not lie to compel a United States Attorney to perform a discretionary act is dispositive of this appeal.”

Summary of this case from In re Charley

recognizing the "well-settled principle that mandamus does not lie to compel a United States District Attorney to perform a discretionary act"

Summary of this case from Yankee v. City & Borough of Juneau
Case details for

Ross v. United States Attorney's Office

Case Details

Full title:MICHAEL S. ROSS, PLAINTIFF-APPELLANT, v. THE UNITED STATES ATTORNEY'S…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 20, 1975

Citations

511 F.2d 524 (9th Cir. 1975)

Citing Cases

Yankee v. City & Borough of Juneau

Id.Id. at 951 ; see also Ross v. U.S. Attorney's Office, 511 F.2d 524, 525 (9th Cir. 1975) (per curiam)…

Willing v. Nevada

“[F]ederal district courts cannot order a United States Attorney to conduct an investigation or initiate a…