Humphrey v. Department of Homeland Security et al

Filing 50

ORDER denying 41 Motion for Writ of Mandamus. Signed by Magistrate Judge John J. O'Sullivan on 3/5/2012. (mms)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20651-CIV-O’SULLIVAN
[CONSENT]
KENNETH D. HUMPHREY,
Plaintiff,
v.
JANET NAPOLITANO, Secretary,
United States Department of Homeland
Security, et al.,
Defendants.
_________________________________/
ORDER
THIS MATTER is before the Court on the plaintiff’s Petition for Writ of
Mandamus (DE# 41, 12/19/11). Having reviewed the motion, response and reply, it is
ORDERED AND ADJUDGED that the plaintiff’s Petition for Writ of Mandamus
(DE# 41, 12/19/11) is DENIED. Section 1361 of Title 28 of the United States Code
provides that “[t]he district courts shall have original jurisdiction of any action in the
nature of mandamus to compel an officer or employee of the United States or any
agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361. The
Eleventh Circuit has directed that “‘mandamus is an extraordinary remedy which should
be utilized only in the clearest and most compelling of cases.’” Dennis v. United States
Bureau of Prisons, 325 F. App’x 744, 746 (11th Cir. 2009) (quoting Carter v. Seamans,
411 F.2d 767, 773 (5th Cir. 1969)). The plaintiff has failed to show a clear right to the
relief requested. See Cash v. Barnhart, 327 F.3d 1252, 1258 (11th Cir. 2003).
DONE AND ORDERED, in Chambers, at Miami, Florida, this 5th day of March,
2012.
_______________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
Counsel of Record
Kenneth D. Humphrey, pro se