Free Law Class With
(Divine 39 Allah)
Petition for a Writ of Mandamus. (Caption)
Petition for a Writ of Mandamus,
Or in the Alternative
A Writ of Prohibition
Petitioner JOHN L. DOE, applies for a writ of mandamus, or in the alternative, a writ of prohibition, an in support of his application states:
ORDER AND OPINION BELOW
(Under this heading state the order or opinion of the district court you are seeking relief from. For example: "The memorandum and order of , 1976, treating petitioner's complaint, which invoked general federal question jurisdiction under 28 U.S.C. _§ 1331(a), as a petition for writ of habeas corpus is set for the as Appendix A; the written order denying petitioner's motion for reconsideration and his alternative request to take an interlocutory appeal in forma pauperis from the court's previous order is set for the in Appendix B." Be specific about what order(s) you are appealing from. If this is mandamus action before the judge has reached a final disposition of your case, and thus is in essence and interlocutory appeal, be sure to state, as in the second clause of the example above, that you requested reconsideration of the order and that you requested leave to take an interlocutory appeal in forma pauperis).
The jurisdiction of the district court is presently founded on 28 U.S.C. § ; the jurisdiction of this court is founded on 28 U.S.C. § 1651.
(Under this heading turn your allegations of error into question. Against following the example: "Whether a federal prisoner is entitled to prosecute his complaint under 28 U.S.C. §1331(a), which alleged damages in excess of $10,000 exclusive of costs and interests and which is based upon allegations of multiple violations of fundamental constitutional rights, where the relief he seeks does not effect the actual fact or Curation of his sentence and where the remedy of habeas corpus cannot provide adequate relief).
Supplemental Complaint - Motion For.
Motion for Leave to File Supplemental Complaint
or Original Complaint
Comes the plaintiff JOHN L. DOE and moves the Court for leave to file in the above entitled cause his supplemental complaint against (name of defendant), submitted herewith.
Alternatively, if denied leave to file the attached pleading as a supplemental complaint, the plaintiff moves the court that the pleading be amended on its face by striking the word "Supplemental" from its caption and by assigning it a new docket number, and that it be filed as an original complaint in which case the plaintiff asks that it be deemed to be in the nature of a supplemental complaint.
This motion is made on the following grounds:
1 Here list all the
2 new grounds giving
3 rise to the complaint.
4. A supplemental complaint is an appropriate means of bringing before the court the new circumstances produced by (whatever new acts of defendants that have occurred), which render the issue involved in the supplementary proceedings materials to a slightly different but closely related controversy by completion of those proceedings.
5. The controversy is an important one within the original jurisdiction of this court, which the court should entertain, if not on a supplemental complaint, then on an original complaint.
JOHN L. DOE, pro se NUMBER AND ADDRESS
Subscribed and sworn to before me this day of , 1976.
NOTE: In order to file a supplemental complaint you must first file the above motion. With this motion, attach copies of a new complaint entitled "Supplemental Complaint". The Supplemental Complaint is exactly like a regular complaint. Put the same number on the supplemental complaint as in on the original complaint.
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing was mailed this 28th day of August, 1970, to the following
George R. Humrickhouse, Esquire United Virginia Bank Building Richmond, Virginia 23219
C. Tabor Cronk, Esquire Assistant Attorney General Supreme Court Building Richmond, Virginia 23219
Motion to Compel Discovery
Motion to Compel Discovery
Comes the plaintiff JOHN L. DOE and moves this court to compel defendant (name of defendant not answering interrogatories) to answer his interrogatories. In support of this motion plaintiff would show:
1. On the day of , 1976 plaintiff, after the commencement of the above entitled action, served on defendant (name of defendant not answering interrogatories) in this cause certain interrogatories in writing pursuant to Rule 33 of the Federal Rules of Civil Procedure.
2. No answer to the above mentioned interrogatories have been served and more than 30 days have elapsed since they were served and there has been no enlargement of time to answer nor have any objections to the interrogatories been served.
WHEREFORE, plaintiff moves for an Order requiring defendant (name of defendant) to answer the interrogatories within five days of the date of the service of said order, and, providing that if said defendant fails to serve sworn answers with that time the clerk of this court enter default against said defendant in the above cause pursuant to Rule 55 (a) of the Federal Rules of Civil Procedure.
JOHN L. DOE, pro se Number and address
Certificate of Service I, John L. Doe, hereby certify