Narrative Opinion Summary
Glenn A. Worley filed a pro se mandamus petition on August 11, 2009, alleging violations of his constitutional rights in proceedings initiated by the Internal Revenue Service under 26 U.S.C. § 7604(a). The petition lacks specificity regarding the relief sought, which hinders his ability to meet the stringent criteria for mandamus; specifically, he must demonstrate he has "no other adequate means" to obtain relief and a "clear and indisputable" right to the writ. Consequently, the court denied Worley's petition due to its vagueness. Additionally, Worley made requests for due process, equal protection, and acknowledgment of the Constitution, which are deemed inappropriate for a mandamus petition. Although Worley sought an order for the District Court to rule on a motion for disqualification of Senior Judge Sylvia H. Rambo, the resolution of that motion rendered his request moot.
Legal Issues Addressed
Inappropriateness of Constitutional Claims in Mandamussubscribe to see similar legal issues
Application: Claims related to due process, equal protection, and acknowledgment of the Constitution are not suitable for a mandamus petition.
Reasoning: Additionally, Worley made requests for due process, equal protection, and acknowledgment of the Constitution, which are deemed inappropriate for a mandamus petition.
Mandamus Petition Requirementssubscribe to see similar legal issues
Application: The court requires a mandamus petition to clearly specify the relief sought and demonstrate that the petitioner has no other adequate means to achieve it, along with a clear and indisputable right to the writ.
Reasoning: The petition lacks specificity regarding the relief sought, which hinders his ability to meet the stringent criteria for mandamus; specifically, he must demonstrate he has 'no other adequate means' to obtain relief and a 'clear and indisputable' right to the writ.
Mootness in Judicial Proceedingssubscribe to see similar legal issues
Application: A request for court action can become moot if the underlying issue has already been resolved, as happened with the motion for disqualification of the judge.
Reasoning: Although Worley sought an order for the District Court to rule on a motion for disqualification of Senior Judge Sylvia H. Rambo, the resolution of that motion rendered his request moot.