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Henry Ford Ballard v. Michael Burrage, District Judge, Rita Maxwell, Real Party in Interest, 97 F.3d 382, 10th Cir. (1996)
Henry Ford Ballard v. Michael Burrage, District Judge, Rita Maxwell, Real Party in Interest, 97 F.3d 382, 10th Cir. (1996)
3d 382
ORDER
1
Before the court is petitioner's petition for a writ of mandamus. Petitioner seeks
an order from this court directing the Honorable Michael Burrage to consider
and decide case No. 95-CV-535-B, pending in the United States District Court
for the Eastern District of Oklahoma.
Petitioner's custodian shall forthwith pay on his behalf the partial docketing fee
calculated under the statute. After payment of the initial partial docketing fee,
petitioner shall make monthly payments of twenty percent of the previous
month's income credited to his custodial account to the clerk of this court, until
the full docketing fee is paid. "Income" means all amounts deposited to the
custodial account from whatever source. Petitioner's custodian shall forward a
payment each time the amount in petitioner's account exceeds $10. Payment
shall be by check or money order made payable to the clerk of this court. A
copy of this order must accompany each remittance.
4
Upon consideration, the petition for writ of mandamus is denied. The case has
not been pending for such an unreasonable time as to warrant mandamus relief.
See Johnson v. Rogers, 917 F.2d 1283 (10th Cir.1990).