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

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· Case 3:00-cr-00075-AWT Document 301 Filed 6/26/2006 Page 1 @.UflB(¤? * Dw
" IN THE UNITED STATES COURT OF PEAILS _ __
FOR TH]?. SECOND CIRCUIT g ~ Y
I nw as KENNETH HAWKINS, [095 __;;_;,; ·,»%_ A H {_ G
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Petitioner - Appellant
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3:05 CV-199
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Respondent — Appellee *
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MOTION FOR WRIT OF MANDAMU -
NOW INT0 COURT, Comes Kenneth Hawkins the Pet tioner appearing through
¥`Pro—Se representation and respectfully submits this request for a Writ Of Mandamus`
pursuant to Federal Rules Of Appellate Procedures R le 21. ·
p ·· Although "Remedy Of Mandamus is a drastic one to be invoked only in extra {
ordinary situations." ALLIED CHEMICAL CORP. V. DAL ON INC. 449 U.S. 33, 66 L. Ed.
2d. 193(I980)(hold1ng that mandamus may be issued w en Petitioner shows there is
no other means available to obtain desired relief a d that his right to issuance of
the writ is clear and undisputed. . _
Here, the Petitioner claims that his Motion P rsuant To 28 U.S.C. § 2255
is ripe for adjudication since the government has h d their opportunity to file
their opposition view to the Petitioners claims in is § 2255 section, which was
filed on March 1, 2006. Since then·the Petitioner h s filed a Motion For Judgment A
‘ in the district court, which the district court has failed to respond. In this
Motion For Judgment the Petitioner stresses to the ourt that an adjudication is
warranted in his case since the briefing is over be ween the parties, but the _
district court has refused to grant the Petitioner he relief requested*wh1chiis %
a simply adjudication of his pending § 2255 motion, be it favorable or unfavorable. I
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N 1 ‘ ’ Case 3:00-cr—00075-AWT Document 301 Fnled 6/26/2006 Page 2 0
Based on the records pertaining to this case, Petitioner Kenneth
Hawkins requests that this Honorable Court issue an Order to the district
court to adjudicate Petitioners. 2255 motion curren ing pending in the
district courts since February 2, 2005, or in the a ternative to Show Cause
why the district court has decided not to adjudicatv Petitioners petition. i
WHEREFORE, Mr. Hawkins prays that this Honora·le Court grant him the 4
relief requested and any other relief this Honorabl= Court might deem appropriate 4
and just. l 4
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Respec·fully Su»m1t.ed _ i
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·en et rlaw. ns—Pro—Se
Reg#0 444 ¢70-Dorm—21O
-- Duluth Hederal Prison Camp -
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Duluth 55814 4
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Executed On This 18th Day Of June 2006 _ |
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