Torres v. U.S. Embassy EL Salvador

Filing 3

ORDER: Jorge A. Torres, Jr.'s Emergency Petition for a Writ of Mandamus 1 is DENIED. The Application to Proceed in District Court without Prepaying Fees or Costs 2 is DENIED. The Clerk is directed to close this case. Signed by Judge James S. Moody, Jr on 7/20/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

JORGE A. TORRES, JR.,
Petitioner,
v.

Case No: 5:16-cv-308-Oc-30PRL

UNITED STATES EMBASSY EL
SALVADOR,
Respondent.
________________________________/

ORDER
THIS CAUSE comes before the Court upon Petitioner Jorge A. Torres, Jr.’s
Emergency Petition for a Writ of Mandamus (Doc. 1) and Application to Proceed in
District Court without Prepaying Fees or Costs (Doc. 2). The Court, having reviewed the
petition, and being otherwise acquainted with the facts of the case, concludes that the
petition and application to proceed without prepaying fees should be denied.
A writ of mandamus is an extraordinary remedy. See Kerr v. U.S. Dist. Ct., 426
U.S. 394, 402 (1976).

This Court’s mandamus jurisdiction is limited to petitions

compelling an officer or employee of the United States or agency thereof to perform a duty
owed to the plaintiff. 28 U.S.C. § 1361. In order for a writ of mandamus to issue, three
conditions must be satisfied: “(1) there must be no other adequate means to attain the relief
sought; (2) the right to issuance of the writ must be clear and indisputable; and (3) the
issuing court, in the exercise of its discretion, must be satisfied that the writ is appropriate

under the circumstances.” In re Pressman-Gutman Co., 459 F.3d 383, 399 (3d Cir. 2006)
(internal quotation marks omitted).
Petitioner asserts that he has been requesting assistance from the United States
Embassy in El Salvador related to allegations that have caused the issuance of an Interpol
Red Notice for several years and the Embassy has not done anything to assist Petitioner.
(Doc. 1). He requests that the Court compel the Embassy to provide him assistance.
Under these allegations, Petitioner has not demonstrated that a writ of mandamus
should be issued. He has not established that he is without alternative recourse or that he
has a clear and indisputable right to assistance from the Embassy. Thus, a writ of
mandamus does not appear appropriate under these circumstances.
After due consideration, it is hereby ORDERED AND ADJUDGED:
1.

Jorge A. Torres, Jr.’s Emergency Petition for a Writ of Mandamus (Doc. 1)

is DENIED.
2.

The Application to Proceed in District Court without Prepaying Fees or Costs

(Doc. 2) is DENIED.
3.

The Clerk is directed to close this case.

DONE and ORDERED in Tampa, Florida, this 20th day of July, 2016.

Copies furnished to:
Counsel/Parties of Record
2