Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

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I ‘ ' Case 3:00-cr-00077-JCH Document 74 Filed 02/17/2005 Page1of4 r
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ELCY CRUZ, * . mi FEB H A H: I2 l I
Psti i=1<>¤e¤ · * CH;i`J!§i%l£§`vi¥F$;iiEi§rJt¥€LL
—vs— * Crim- No. 5—OOcr—77(JCHl _ ¤~¤*·¢!¤`
UNITED STATES OF AMERICA, * ¤r¤%% ¥%m
Respondent, * Civil No. 5:05—cv—1174(JCH) gy /)Z¢éL%&W
Row. JANET c. HALL, * _
Nominal Defendant}
PETITION FOR WRIT OF MANDAMUS
COMES NOW, Petitioner, Eloy Cruz, pro se, and hereby respectfully
moves this Honorable Court to issue a writ of mandamus to the district
court to rule on his timely Rule 59(e) motion which has been pending
since August 9, 2004. This Rule 59(e) was filed in the district
court after the district court denied Petitioner‘s section 2255 motion ,
on July 50, 2004 sending the order to Petitioner on August 5, 2004. r
Discussion:
It is well settled that the Court of appeals has inherent power
to issue a writ of mandamus to compel the district court to perform
duties assigned to it by the constitution. gee Madden v. Myers, I
102 F.5d 74(5rd Cir. 1996). Courts have held that as long as the K
Petitioner is statutorily or constitutionally entitled to the I r
expected resolution, a writ of mandamus is required to compel an I
action from the court. gee also Johnson v. Rogers, 917 F.2d 1285 ]
(10th Cir. 1990). _
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‘ " Case 3:00-cr-00077-JCH Document 74 Filed 02/17/2005 Page2of4 ___*— r
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\ In Madden v. Myers, the Third Circuit observed that a 5—month
delay justified an issed of a writ of mandamus, however, that Court L
allowed additional 60 days for the district court to act upon the
motion.
This Court should compel the district court to make a ruling in
this case by.issuing a writ of mandamus. Alternatively, the writ
could be withheld while the district court considers attending to the
pending motion with an order from this Court fashioning a reasonable
time frame. 4 i
Wherefore, Petitioner respectfully prays. 4 I
Petitioner
FCI Elkton
P.0.Box 10
Lisbon, Ohio 44452 . I
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{ i A • Case 3:00-cr-00077-JCH Document 74 Filed 02/17/2005 Page3of4 ·
} I Affidayit of Indigenoy
{ Eloy Cruz, duly sworn, deposes and says:
{ 1. I am the Petitioner in the within Petition for mandamus, and ,
{ am currently incarcerated at FCI Elkton, P.0.Box 10, Lisbon, Ohio {
{ 44452. {
{ I 2. I am unemployed due to my incarceration. ;
{ 3. I do not own any real estate properties, personal properties,
A cars, or any bank accounts. {
N 4. I do not own any cash nor do I expect to_come into any {
inheritances. g
5. I cannot afford to pay the cost of this litigation due to
my poverty.
6. I sweariunder penalty of perjury pursuant to 28 U.S.C.,
§1746 that the foregoing is true and correct. i
Declare t §
{
a
Dated:_1g_Day of February , 2005. 1
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i Case 3:00-cr-00077-JCH Document 74 Filed O2/17/2005 Page 4 of 4 ·
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Certificate of Service , {=
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I certify that a true and correct copy of the within Petition]
for mandamus has been sent to the following: 4
Peter Markles, AUSA ‘ ·
United States Attorney's Office
District of Connecticut g
s 157 Church Street ' I
i - New haven, Ct. 06510 ,
Honorable Janet C. Hall i
United States District Court ‘
915 Lafayette Boulevard {
Bridgeport, Connecticut 06604
Respectfully Submitted: !
Q l
Eloy Cru Pro S
Petitioner
FCI Elkton
P.0.B0x 10
_ Lisbon, Ohio 44452
Dated: 14 day of February , 2005. I
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