· 1/13/2016
Charles Mitchael v. Carolyn W. Colvin
Citations
- 809 F.3d 1050
- 2016 U.S. App. LEXIS 479
- 2016 WL 145843
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining the “nondiscretionary duty” element requires that “the duty owed to the plaintiff must be ministerial and a positive command so plainly prescribed as to be free from doubt” (internal quotation marks and citation omitted)
- explaining the “nondiscretionary duty” element requires that 18 “the duty owed to the plaintiff must be ministerial and a positive command so plainly prescribed as to be free from doubt” (internal quotation marks and citation omitted)
- making same points (quoting Castillo v. Ridge, 445 F.3d 1057, 1060–61 (8th Cir. 2006)). The U.S. Court of Appeals for the Eighth Circuit has established that [m]andamus may issue under § 1361 . . . only in extraordinary situations and when the plaintiff can establish (1
- federal courts have jurisdiction under 28 U.S.C. § 1361 to consider challenges to the procedures used in administering Social Security benefits
- first two numbered requirements for a writ of mandamus
- first two numbered requirements for a writ of mandamus
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Benton, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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