Gougher

Gougher v. Mnuchin

Good Law
United States District Court, Northern District of CaliforniaDecember 8, 20204:19-cv-07217California1,555 words

Opinion

Trial Court Opinion

I. BACKGROUND

10 Petitioner, a federal prisoner, filed a document entitled, “File Order and Notice of 11 Revocation Motion to Compel,” which the Court construed as a pro se petition for a writ of 12 mandamus. Dkt. 1. In an Order dated April 20, 2020, the Court dismissed the instant action with 13 leave to amend. Dkt. 20. The Court stated as follows: 14 Mandamus relief is only available to compel an officer of the United States to perform a duty if: (1) the [petitioner]’s claim is clear and certain; (2) the duty of the officer is nondiscretionary, ministerial and so plainly prescribed as to be free from doubt; and (3) no other adequate remedy is available. See Agua Caliente Tribe v. Sweeney, 932 F.3d 1207, 1216 (9th Cir. 2019). Petitioner alleges that he has sent a “Notice of Interest” to the President of the United States declaring his “legal right to be a Private Citizen and transferring [his] Trustee, thereby the Trusteeship, from the Treasury Department of the United States to the President of the United States on June 13, 2018.” Dkt. 1 at 2. Based upon these allegations, Petitioner seems to be…

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