Buhl v. Sproul et al
Filing
123
ORDER re: 122 USCA Letter (with Writ of Mandamus filed with Court of Appeals). USCA Case Number 15-1437. That argument is unavailing, as mandamus may not be used as a substitute for an appeal. Weston v. Mann (In re Weston), 18 F.3d 860, 864 (10th Cir. 1994). Accordingly, the petition is dismissed, on 12/29/2015. (evana, )
Appellate Case: 15-1437
Document: 01019546412
Date Filed: 12/29/2015
UNITED STATES COURT OF APPEALS
Page: 1
FILED
United States Court of Appeals
Tenth Circuit
FOR THE TENTH CIRCUIT
December 29, 2015
_________________________________
In re: LEROY BUHL,
Petitioner.
Elisabeth A. Shumaker
Clerk of Court
No. 15-1437
(D.C. No. 1:14-CV-00302-REB-CBS)
(D. Colo.)
_________________________________
ORDER
_________________________________
Before GORSUCH and MATHESON, Circuit Judges.
_________________________________
This matter is before the court following our receipt of petitioner’s response to our
order dated December 8, 2015. We have also reviewed the response submitted to the
show cause order dated November 13, 2015.
Upon consideration, we conclude this matter is moot. As Mr. Buhl admits in the
response received on December 28, the district court has ruled on the motions identified
in the petition. Moreover, he notes he has had the eye surgery mentioned in his pleadings.
While he urges the petition is not moot, that objection is based solely on his disagreement
with the district court’s rulings. That argument is unavailing, as mandamus may not be
used as “a substitute for an appeal.” Weston v. Mann (In re Weston), 18 F.3d 860, 864
(10th Cir. 1994). Accordingly, the petition is dismissed.
Appellate Case: 15-1437
Document: 01019546412
Date Filed: 12/29/2015
Page: 2
In light of this dismissal, we need not reach the question whether the “three
strikes” provision of 28 U.S.C. §1915(g) applies to this petition or whether Mr. Buhl has
satisfied the imminent danger exception found in the statute.
Entered for the Court
ELISABETH A. SHUMAKER, Clerk
2
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