FILED
UNITED STATES DISTRICT COURT JAN 23 2013
FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
CLYDE LACY RATTLER, )
)
Petitioner, )
)
V. ) Civil Action No.l3 H094
)
DEPARTMENT OF HEALTH AND )
HUMAN SERVICES, et al., )
)
Respondents. )
MEMORANDUM OPINION
This matter is before the Court on the petitioner's application to proceed in forma
pauperis and his pro se petition for a writ of mandamus. The Court will grant the application
and dismiss the petition.
Although portions of petition are illegible, it is clear that petitioner demands a writ of
mandamus directing "the human race to [sic] naked on the sidewalk unable to move their body
for eternity." Pet. at 2. Mandamus relief is proper only if"(l) the plaintiffhas a clear right to
relief; (2) the defendant has a clear duty to act; and (3) there is no other adequate remedy
available to plaintiff." Council of and for the Blind of Delaware County Valley v. Regan, 709
F.2d 1521, 1533 (D.C. Cir. 1983) (en bane). The party seeking mandamus has the "burden of
showing that [his] right to issuance of the writ is 'clear and indisputable,' Gulfstream Aerospace
Corp. v. Mayacamas Corp., 485 U.S. 271,289 (1988) (citing Bankers Life & Cas. Co. v.
Holland, 346 U.S. 379, 384 (1953)), and this petitioner utterly fails to meet his burden. The
petition therefore must be denied. An Order accompanies this Memorandum Opinion.
DATE: ;r~ J/)(3
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