- Joined
- May 4, 2020
It’s a good thing that the 10th already said that this shit won’t workProbably will try his writ of mandamus approach
Regarding mandamus: "The possibility of an appeal from the final judgment in the transferee circuit, even with the difficult burden of demonstrating prejudice there, will preclude relief by writ [of mandamus]." The only exception to this the 10th circuit found was if you for some reason can't appeal a final judgement in the transferee court, or when such appeal could not "correct extraordinary hardship because of the particular circumstances." - In re Dalton, 733 F.2d 710 (10th Cir. 1984)
They are identical documents. 109 didn’t need a document to begin with. It’s not important, but funny still.But in truth, I don't think it's an error. 108 is the denial of the motion as moot, and 109 is the support for the note that records have been transferred and the case in Utah is (already) closed.