Jones-Theophilious v. Arizona, State of et al
Filing
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ORDER denying 1 Writ and this case is dismissed. Clerk to enter judgment. Signed by Judge David G Campbell on 1/28/14. (LSP)
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KAB
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Brett Jones-Theophilious,
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No. CV 13-2658-PHX-DGC (SPL)
Plaintiff,
vs.
ORDER
State of Arizona, et al.,
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Defendants.
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Plaintiff Brett Jones-Theophilious, who is confined in the Metropolitan Detention
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Center, filed a document entitled “Appeal, Challenge of Jurisdiction, Writ of Mandamus,
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Gate-Keeping by Agents of the AOU Acting in the Capacity of Overlord of Justice
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Default Judgment Requested” (Doc. 1) (the “Writ”).1 The Court will deny the Writ and
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dismiss this case.
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In his Writ, Plaintiff names the State of Arizona and the Administrative Office of
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the United States Courts as Respondents. Plaintiff alleges that, on October 8, 2013, he
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sent a Complaint to the “United States District Court in Arizona, at Maricopa County”
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and the Clerk of the Court did not file the Complaint.2 Plaintiff also alleges that he sent
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Defendants a copy of the Complaint and they are in default and are “barred from
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To facilitate the consideration of this case, the Clerk of the Court labeled the
document a “Complaint for Writ of Mandamus” on the Court’s docket.
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To the extent Plaintiff sent his Complaint to this Court for filing, the Clerk of this
Court has no record of receiving the Complaint to which Plaintiff refers.
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contesting or rebutting affidavit complaint.” Plaintiff requests that the Court order the
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Clerk to file the Complaint and to enter default judgment against the Defendants.
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“Mandamus is an extraordinary remedy granted in the court’s sound discretion.”
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Johnson v. Reilly, 349 F.3d 1149, 1154 (9th Cir. 2003) (citation omitted). For mandamus
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relief, three elements must be satisfied: (1) petitioner has a clear and certain claim; (2) the
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respondent has a non-discretionary, ministerial duty, which is so plain as to be free from
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doubt; and (3) the petitioner does not have an adequate available remedy. Id. at 1153.
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Plaintiff has failed to satisfy any of these elements. Accordingly, the Writ will be
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denied and this case will be dismissed. If Plaintiff seeks to file a Complaint in this Court,
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he may mail an original plus one copy of the complaint and any other documents
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submitted to the Court. If Plaintiff wishes to have a file-stamped copy of the document
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returned to him, he must send one additional copy to the Court. All copies must be
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identical to the original. Plaintiff must also submit the appropriate filing fee for the
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Complaint or an Application to Proceed In Forma Pauperis. The Court’s address is:
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United States District Court
District of Arizona - Phoenix Division
Sandra Day O’Connor U.S. Courthouse, Suite 130
401 West Washington Street, SPC 1
Phoenix, AZ 85003-2118
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Based on the foregoing,
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IT IS ORDERED that the Writ (Doc. 1) is denied and this case is dismissed.
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The Clerk of Court must enter judgment accordingly.
Dated this 28th day of January, 2014.
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