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Eric Flores v. US Department of Education, 4th Cir. (2015)
Eric Flores v. US Department of Education, 4th Cir. (2015)
Eric Flores v. US Department of Education, 4th Cir. (2015)
No. 15-1974
ERIC FLORES,
Petitioner,
v.
UNITED STATES DEPARTMENT OF EDUCATION,
Respondent.
Submitted:
Decided:
PER CURIAM:
Eric
Flores,
resident
of
El
Paso,
Texas
has
filed
of
and
the
retaliation
University
Community
College
by
of
certain
Texas
(ACC)
and
at
members
El
that
Paso
the
of
(UTEP)
United
the
and
States
his
seeks
an
claims
order
Assistant
Secretary
prohibit
UTEP
of
from
for
and
discrimination
this
court
Enforcement
ACC
retaliation.
compelling
of
faculty
and
the
the
Deputy
Department
members
from
to
further
dismissals
of
his
complaints
of
discrimination
and
(OCR).
review.
Respondent
moves
to
dismiss
the
petition
for
review.
Although
review
of
an
Flores
agency
petition
order,
is
Flores
styled
as
requests
petition
for
relief
for
with
Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976) (writ of
mandamus); In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983)
(writ of prohibition).
only
when
the
party
seeking
relief
shows
that
his
right
to
F.3d
509,
517
(4th
Cir.
2003)
(internal
quotation
marks
he
desires.
Allied
UTEP
and
prohibition.
ACC
Chem.
Corp.
v.
Daiflon,
Inc.,
is
available
by
way
of
mandamus
or
review.
Flores
also
seeks
review
of
the
Dallas
OCRs
alleged
courts
only
are
that
courts
power
of
limited
authorized
by
jurisdiction
Constitution
and
(4th
2010)
(internal
quotation
marks
omitted).
assertions,
the
regulations
3
on
Id.
which
Contrary to
he
relies,
to
review
the
Dallas
OCRs
alleged
dismissals
of
his
does
addresses
not
the
confer
appellate
procedures
to
be
jurisdiction
utilized
in
but,
rather,
reviewing
agency
&
Urban
Dev.,
548
F.2d
1142,
1143
(4th
Cir.
1977)
for
we
review.
deny
We
in
part
deny
and
dismiss
in
Flores
motions
for
part
the
judicial