In re the Estate of Bauman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[b]ecause mandamus relief and relief under the APA are in essence the same,” the court “may elect to analyze the APA claim only” (citation and internal quotation marks omitted)
• noting that “discretion over how 2 to investigate is different from discretion over whether to investigate” and that the regulations 3 “neither provide nor suggest that [the agency] has discretion whether to investigate a complaint”
• finding 20 district court had federal question subject matter jurisdiction over plaintiff’s APA claim alleging 21 government agency failed to perform its duty within a reasonable time
• setting forth factors to determine if an agency action is unreasonably delayed
• “Repeatedly, courts in this and other circuits have 5 concluded that a reasonable time for agency action is typically counted in weeks or months, not 6 years.”
• “Repeatedly, courts in this and other 6 circuits have concluded that a reasonable time for agency action is typically counted in weeks or 7 months, not years.”

Source: CourtListener parenthetical corpus (CC0).