How to file a Mandamus in Federal Court

[lincclay 16]

Thank you very much, this is life saving. I intend to file it once I hit 1 year mark (getting very close) but before that I am thinking about submitting a notice of intention. I have heard that it sometimes works. Does anyone know a template for the notice of intention and what other documents should get included and where it should get sent to?

 

Regarding adding defendants, let's say the case is stuck at NBC but for some reason USCIS always refers me to the local FO for checking the processing times. Should both of NBC and local FO be included?

[lincclay 16]

As I learn more and find more issues (or red flags with some of these guides) I would update here so the others know about it and don't make mistakes. The process of serving is highly non-trivial. It is not as simple as sending mails. You need a confirmation that they have received and that is called Proof of Service. For defendants in some states (for example CA) you cannot use certified mail (https://www.avvo.com/legal-answers/is-certified-or-priority-mail-acceptable-to-serve--2376657.html), so if your court is in CA and or FO is in CA. Apparently it needs to be personally served or subserved.

[igoyougoduke 1,653]

On 9/9/2024 at 9:01 PM, lincclay said:

As I learn more and find more issues (or red flags with some of these guides) I would update here so the others know about it and don't make mistakes. The process of serving is highly non-trivial. It is not as simple as sending mails. You need a confirmation that they have received and that is called Proof of Service. For defendants in some states (for example CA) you cannot use certified mail (https://www.avvo.com/legal-answers/is-certified-or-priority-mail-acceptable-to-serve--2376657.html), so if your court is in CA and or FO is in CA. Apparently it needs to be personally served or subserved.

USPS certified mail is perfectly acceptable to any federal agency complaint for Mandamus.   no one at the state level needs to served for Mandamus.  its a federal level complaint. Rules vary at state level for the type of case ( civil/criminal) . We dont really care about any other type of cases except Mandamus to USCIS 

 

 

[Family 3,988]

4 hours ago, igoyougoduke said:

Again this IS DIY case 

 

The law varies based on type of case but the immigration law is clear that USCIS is required to be adjudicated within  180 days. 

Just here to cheer /applaud your efforts @igoyougodukein always checking and responding to questions. You Rock!

[Crazy Cat 41,806]

****Spammer ejected and quotes containing references to a suspicious website have been removed****

[lincclay 16]

Does anyone here know whether it is possible to file as John Doe and only reveal your name in the text of the complaint? It seems once your name goes onto the plaintiff list, googling your name will bring up the lawsuit. The contents of the documents are somewhat protected since only attorney's can access them (I tried to get a PACER account but I can't purchase the documents, seems you need either to be an attorney or someone related to the case.). I'd appreciate any ideas about keeping your anonymity.

[Lemonslice 4,831]

8 minutes ago, lincclay said:

Does anyone here know whether it is possible to file as John Doe and only reveal your name in the text of the complaint? It seems once your name goes onto the plaintiff list, googling your name will bring up the lawsuit. The contents of the documents are somewhat protected since only attorney's can access them (I tried to get a PACER account but I can't purchase the documents, seems you need either to be an attorney or someone related to the case.). I'd appreciate any ideas about keeping your anonymity.

This was an interesting read; no idea about the accuracy though

https://withoutmyconsent.org/50state/filing-pseudonymously/federal/#:~:text=In federal court%2C a plaintiff,a motion with the court.

[lincclay 16]

1 hour ago, Lemonslice said:

This was an interesting read; no idea about the accuracy though

https://withoutmyconsent.org/50state/filing-pseudonymously/federal/#:~:text=In federal court%2C a plaintiff,a motion with the court.

Some form of permission is required. The California Northern District Court website mentions that some form of application needs to get filed for that, but I was not able to find any further information on this application. Nothing seems to be mentioned in their handbook (although I haven't read them completely yet).

https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/e-filing-my-documents/opening-a-new-civil-case/

[igoyougoduke 1,653]

On 10/5/2024 at 12:09 AM, lincclay said:

Does anyone here know whether it is possible to file as John Doe and only reveal your name in the text of the complaint? It seems once your name goes onto the plaintiff list, googling your name will bring up the lawsuit. The contents of the documents are somewhat protected since only attorney's can access them (I tried to get a PACER account but I can't purchase the documents, seems you need either to be an attorney or someone related to the case.). I'd appreciate any ideas about keeping your anonymity.

 

pay a law firm and get them to file for you 

 

[Willie_Overall 24]

On 10/4/2024 at 11:21 PM, lincclay said:

Some form of permission is required. The California Northern District Court website mentions that some form of application needs to get filed for that, but I was not able to find any further information on this application. Nothing seems to be mentioned in their handbook (although I haven't read them completely yet).

https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/e-filing-my-documents/opening-a-new-civil-case/

 

Did you find any more information about this? It seems like you can only file anonymously if you have (what the court deems) a very strong reason.

[OldUser 6,602]

3 hours ago, Willie_Overall said:

 

Did you find any more information about this? It seems like you can only file anonymously if you have (what the court deems) a very strong reason.

What would that be?

[Willie_Overall 24]

9 minutes ago, OldUser said:

What would that be?

 

Like sexual assault cases, domestic violence, things like that. That's what I've found online anyway.

[lincclay 16]

On 10/11/2024 at 2:17 PM, Willie_Overall said:

 

Did you find any more information about this? It seems like you can only file anonymously if you have (what the court deems) a very strong reason.

I asked the following question, it seems the answer is no:
https://answers.justia.com/question/2024/10/06/is-preserving-some-form-of-anonymity-pos-1033207

I also talked with a lawyer. When I asked the anonymity question he became tongue-tied, first mentioned yes then said it costs extra but then said no it does not cost you extra (it is in the package), he was not clear about it but I think he meant it is already in the package but applying for it will cost them extra. He did not mention how difficult it is to get approved, but I feel he avoided it to not dissuade me from using their service. He was shocked by my questions, he was suspicious I might be an attorney, but I reassured that I am not.

[lincclay 16]

I also wanted to introduce a very good resource for writing the complaint that I will follow it as the blueprint. In my opinion this book is must read if you are considering pro se seriously. There is a template at the end of the book but I highly discourage copy pasting templates, please completely understand it and then modify it so it fits your background better. Maybe combine a few idea there and ones in this forum. https://www.amazon.com/gp/product/B0BKH53XT7

Edited October 12 by lincclay

[Willie_Overall 24]

7 minutes ago, lincclay said:

I also wanted to introduce a very good resource for writing the complaint that I will follow it as the blueprint. In my opinion this book is must read if you are considering pro se seriously. There is a template at the end of the book but I highly discourage copy pasting templates, please completely understand it and then modify it so it fits your background better. Maybe combine a few idea there and ones in this forum. https://www.amazon.com/gp/product/B0BKH53XT7

 

Yeah, I definitely messed up. I already filed it based on templates I found online. Pretty sure it's wrong and I proceeded too quickly without adequately understanding what I was doing. I wasn't aware of the lack of anonymity until afterwards. So my information is all out there. I definitely feel like this is done intentionally by the courts to dissuade people from filing lawsuits. Our information should not be so easily available simply because we filed a lawsuit.

 

The upside is that I guess I could just file as many lawsuits as it takes to get it right. My information is already public. Might as well just keep going.

Edited October 12 by Willie_Overall