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FELIX TORRES, JR.
l P O BOX 3325 2gg'1gg? - g go ?:22 UAMA POINT
,
CA 92629
2 TELEPHONE: 949-973-2431 l
.
@ 7 r l. 2 E
mail: boalt77@ vahoo.com . : . .. 7 . .. , 7 . ..
3
7 : -- - . .- ..- - . . 4 'f'
4 IN PRO PER
5
UN ITED STATES COURT OF APPEALS
6
FOR THE 9TH CIRCUIT
7
8
9 ) D c case No. 09-Cv-00280
n re the Matter of ) Rujtlwut,l
10 ) ELIX TORRES
, JR., ) RESPONDENT'S CASE NO:
11 )
) W RIT OF M ANDAM US Respondent
, 12 )
) COM PLAINT FILED 2/09/09
13 )
)
14 ) ''Tuls xorrlcE olz
) APPEAL/PETITION IS FILED
15 ) SUBJECT TO
j
) PRE
.
FILING REVIEW ORDER No. 1 6
l Parties in lnterest z (48.80142'' ea )
17 ) ELIX TORRES
,
JR. )
I 8 ) Pl
aintiff, )
l 9 )
VS . )
20 )
EVADA supltEMscoult'r, TI4E )
21 j LERK OF THE SUPREM E COURT
j
22 F NEV ADA lndividually and in
is/her official capacity; STATE BAR
23 F NEVADA BOARD OF
24 OVENORS, individually and in their
fficial capacities; THE BOARD OF
25 XAM INERS OF THE BAR OF
w RIT OFM ANDAM US l
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 1 of 14
FELIX TORRES, JR.
I P.O. BOX 3325
DANA POINT, CA 92629
2 TELEPHONE: 949-973-2431
Email: boalt77@yahoo.com
3
4 IN PRO PER
5
- . ,
I
D ?: -))
L __
Try
6
UNITED STATES COURT OF APPEALS
FOR THE 9
TH
CIRCUIT
7
8
9
) D.C. Case No. 09-CV-00280
n re the Matter of
) RCJ(LRL)
10
)
ELIX TORRES, JR.,
) RESPONDENT'S CASE NO:
II
)
Respondent,
) WRIT OF MANDAMUS
12
)
) COMPLAINT FILED 2/09/09
13
)
)
14
)
"THIS NOTICE OF
)
APPEALIPETITION IS FILED
15
)
SUBJECT TO
)
PRE-FILING REVIEW ORDER No.
16
eal Parties in Interest
)
08-80142"
)
17
)
ELIX TORRES, JR.
)
18
)
Plaintiff,
)
19
)
vs.
)
20
)
EV ADA SUPREME COURT, THE
)
21
)
LERK OF THE SUPREME COURT
)
22
F NEVADA Individually and in
23
islher official capacity; STATE BAR
F NEVADA BOARD OF
24
OVENORS, individually and in their
fficial capacities; THE BOARD OF
25
XAMINERS OF THE BAR OF
WRIT OF MANDAMUS
EVADA individually and in their
l fficial capacities'
,
Patrice Eichm an
2 'ndividually and in her official capacity,
s Director of Adm issions of the State
3 f Nevada and DOES 1
-
10 ar O ,
nclusive. 4
Defendants 5
6
7
INTRODUCTION 8
9 1. Responded submitted his complain and alleged that he would be subjected or
10
would be subjected to intentional and negligent intliction of constitutional
II
deprivation of civil rights.
12
I 3 2. Respondent contends that the actions of defkndants herein alleged violates his
14 constitutional right to travel'' rovided by the 5tl' amendment (i
.e. his name has P
15
been stricken from the rolls of attorneys licensed to practice in California
16
(disbarred) and thus is not entitled to sit for the NEVADA bar exam and become a
17
I a member of that Bar and practice in that state).
19 3
. Plaintiff furthers contends defendants violate his Eighth Am endment right
2()
against excessive punishment e.g. Rule 51 prohibiting Plaintiff from practicing law
21
in its state based on a Califonzia Bar disbarm ent determ ination and not based on its 22
23 own determ ination;
24 4
. Plaintiff furthermore contends that NEVADA SUPREM E COURT RULES 5 1
25
constitutes a violations of the privileges and imm unities clause prohibited by the
w RIT oli M ANDAM LrS
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 2 of 14
EV ADA individually and in their
fficial capacities; Patrice Eichman
2 . ndividually and in her official capacity,
s Director of Admissions of the State
3 arofNevada and DOES 1-10,
4
nelusive.
5
Defendants
6
7
INTRODUCTION
9 1. Responded submitted his complain and alleged that he would be subjected or
10
would be subjected to intentional and negligent infliction of constitutional
11
deprivation of civil rights.
12
13
2. Respondent contends that the actions of defendants herein alleged violates his
14
"constitutional right to travel" provided by the 5
th
amendment (i.e. his name has
15
been stricken from the rolls of attorneys licensed to practice in California
16
17
(disbarred) and thus is not entitled to sit for the NEVADA bar exam and become a
18
member of that Bar and practice in that state).
19
3. Plaintiff furthers contends defendants violate his Eighth Amendment right
20
against excessive punishment e.g. Rule 51 prohibiting Plaintiff from practicing law
21
22
in its state based on a California Bar disbarment determination and not based on its
23 own determination;
24 4. Plaintiff furthermore contends that NEVADA SUPREME COURT RULES 51
25
constitutes a violations of the privileges and immunities elause prohibited by the
WRIT OF MANDAMUS
Fifth Amendment was written and applied (or not applied) pursuant to a designed I
2 to provide other states within the Union to have a defacto decision on whether or
3 itizen can become a member of the NEVAD A Bar'
,
not a c
4
5, Plaintiff alleges that NEVADA SUPREM E COURT RULES 49 & 50 violates
5
the privileges and im m unities clause in addition to the equal protection and
th
- -
7 substantive due process of the 14 Am endm ent because they wele wlitten and
8
applied (or not applied) pursuant to a designed to prohibit the ability to make a
9
living in that defendants are accused of intentional interference with a contractual
10
dealings in business em ployment relationship between plaintiff and potential l l
12 employers e.g. in the field of Nevada law practice i,e. providing legal services.
13
14 6. Nevada Supreme Court Rule 49. Board of governors of state bar to govern
15 adm ission to practice law ; fces; board of bar exam iners
.
16
17 Board of bar exam iners. W ith the approval of the supreme court
,
the board of
18 bar exam iners
,
in consultation with the board of governors of the state bar, shall
19
have the power to fix and determ ine the qualifications for adm ission to practice
20
law in this state, and shall have the power to fix and collect fees from all applicants 21
22 for admission to practice law in this state, which fees shall be paid into the treasury
23
of the state bar.
24
25
w RI'I- oy M ANDAM US -
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 3 of 14
2
3
4
5
6
7
8
9
10
I I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Fifth Amendment was written and applied (or not applied) pursuant to a designed
to provide other states within the Union to have a defacto decision on whether or
not a citizen can become a member of the NEV ADA Bar;
5. Plaintiff alleges that NEVADA SUPREME COURT RULES 49 & 50 violates
the privileges and immunities clause in addition to the equal protection and
substantive due process of the 14th Amendment because they were written and
applied (or not applied) pursuant to a designed to prohibit the ability to make a
living in that defendants are accused of intentional interference with a contractual
dealings in business employment relationship between plaintiff and potential
employers e.g. in the field of Nevada law practice i.e. providing legal services.
6. Nevada Supreme Court Rule 49. Board of governors of state bar to govern
admission to practice law; fees; board of bar examiners.
Board of bar examiners. With the approval of the supreme court, the board of
bar examiners, in consultation with the board of governors of the state bar, shall
have the power to fix and determine fhe qualifications for admission to practice
law in this state, and shall have the power to fix and collect fees from all applicants
for admission to practice law in this state, which fees shall be paid into the treasury
of the state bar.
WRIT OF MANDAMUS
Com m ittee on m oral character and fitness; duties and com position. The
l
2 com mittee on moral character and fitness is a subcomm ittee of the board of bar
3 iners and has a1l those powers and duties delegated under the supreme court exam
,
4
rules to the board of bar examiners relating to the conduct of investigations and
5
hearings, and the subm ission of reports and recommendations to the supreme court 6
7 respecting the ethical, moral and psychological fitness of applicants tbr adm ission
8 w to practice law in this state
. The com m ittee on moral character and titness shall be
9
composed of nine m em bers who are active m embers of the state bar, and up to four
1()
lay mem bers who are professionals with expertise in fields that are germane to the 1 I
12 determ ination of character and fitness issues confronted by the com m ittee. Five of
I3
the attorney members shall be appointed by the supreme court. and four of the
l4
attorney m embers shall be appointed by the board of governors. The board of
15
16 governors shall also appoint the lay members of the committee. The supreme court
17 shall appoint one of the attorney mem bers to chair the com mittee
.
18
19 For those applicants whose applications reflect conduct or inform ation wanunting
20 further inquiry
,
but not necessarily warranting a formal hearing, the chair and the
2 1
director of admissions may condtlct an informal interview in an attempt to counsel
2z
an applicant or to resolve a m atter inform ally. lf the m atter is not resolved to the 23
24 satisfaction of the chair, a form al hearing may be held
.
25
W RIT OF M ANDAMUS
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 4 of 14
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Committee on moral character and fitness; duties and composition. The
committee on moral character and fitness is a subcommittee of the board of bar
examiners, and has all those powers and duties delegated under the supreme court
rules to the board of bar examiners relating to the conduct of investigations and
hearings, and the submission of reports and recommendations to the supreme court
respecting the ethical, moral and psychological fitness of applicants for admission
to practice law in this state. The committee on moral character and fitness shall be
composed of nine members who are active members of the state bar, and up to four
lay members who are professionals with expertise in fields that are germane to the
determination of character and fitness issues confronted by the committee. Five of
the attorney members shall be appointed by the supreme court, and four of the
attorney members shall be appointed by the board of governors. The board of
governors shall also appoint the lay members of the committee. The supreme court
shall appoint one of the attorney members to chair the committee.
For those applicants whose applications reflect conduct or information warranting
further inquiry, but not necessarily warranting a formal hearing, the chair and the
director of admissions may conduct an informal interview in an attempt to counsel
an applicant or to resolve a matter informally. If the matter is not resolved to the
satisfaction of the chair, a formal hearing may be held.
WRIT OF MANDAMUS
D irector of adm issions. The board of governors shall appoint a director of
l
2 adm issions, and as many assistants as are necessary to adm inister the adm issions
3 d bar exam ination
. The appointment of the adm issions director shall be process an
4
m ade only after consultation with the board of bar examiners. The admissions
5
director shall have the responsibility to adm inister the bar exalnination, to carry otlt 6
7 a11 the specific duties of the admissions director as hereinafter provided in these
8
rules and shall serve as secretary to the board of bar exam iners,
9
10 Adm inistrative policies, procedures and guidelines for adm ission to practice
ll
law. The board of bar exam iners, tlle clerk of the suprem e court and the
12
admissions director shalls as approved by the stlpreme court, jointly define, adopt 13
14 and publish specific adm inistrative policies, proccdures and guidelines consistent
15 with these rules:
16
17 (a) To ensure timely and efficient admissions to the bar, accurate, fair and
18
confidential adm inistration of the bar exam ination and the reporting of the bar
19
exam ination results to tlle suprem e court.
2()
21
(b) To inform applicants in a timely and accurate manner of a11 requirements
22
pertaining to applications for and adm ission to practice and al1 pertinent procedures
23
24 relating to the adm inistration, processing and grading of the bar exam ination
.
z5
w RIT olx M ANDAM I
-JS .
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 5 of 14
2
3
4
5
6
7
H
9
10
II
12
13
14
15
16
17
I H
19
20
21
22
23
24
25
Director of admissions. The board of governors shall appoint a director of
admissions, and as many assistants as are necessary to administer the admissions
process and bar examination. The appointment of the admissions director shall be
made only after consultation with the board of bar examiners. The admissions
director shall have the responsibility to administer the bar examination, to carry out
all the specific duties of the admissions director as hereinafter provided in these
rules and shall serve as secretary to the board of bar examiners.
Administrative policies, procedures and guidelines for admission to practice
law. The board of bar examiners, the clerk of the supreme court and the
admissions director shall, as approved by the supreme court, jointly define, adopt
and publish specific administrative policies, procedures and guidelines consistent
with these rules:
(a) To ensure timely and efficient admissions to the bar, accurate, fair and
confidential administration of the bar examination and the reporting of the bar
examination results to the supreme court.
(b) To inform applicants in a timely and accurate manner of all requirements
pertaining to applications for and admission to practice and all pertinent procedures
relating to the administration, processing and grading of the bar examination.
WRIT OF MANDAMUS
(c) The provisions of these Rules shall prevail over any conflicting provisions l
2 in the administrative policies, procedures and guidelines
.
3
7. Nevada Suprem e Court Rule 50. Pow er of board of bar exam iners to 4
5 exam ine applicants.
6
, l . The court hereby confers upon the board of bar exam iners the power to
S exam ine applicants pursuant to Rule 49.
9
10 2. The board of bar exam iners shall conduct written examinations of
' l applicants
,
and may also, in its discretion. conduct oral exam inations of applicants
12
on any relevant matters except the bar examination subjects listed in Rule 66.
13
14 - 3
. As soon as practicable, al1 mem bers of the board ot bar exam iners shall
15
enroll and participate in at least one grading sem inar or workshop conducted by the
l6
National Conference of Bar Examiners. The provisions of this rule shall not 17
l 8 preclude the board of bar exam iners from elnploying qualified graders
.
19
z() 4. The board of bar examiners shall investigate. adequately and thoroughly
,
2 l each applicant's m oral character and fitness for m embership in the bar and
22
carefully pursue any adverse inform ation relating to the m oral character and fitness
23
of an applicant. In fulfilling this function, the board of bar exam iners m ay utilize 24
25
w lu'r oy Mu oAslus
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 6 of 14
(c) The provisions of these Rules shall prevail over any conflicting provisions
2 in the administrative policies, procedures and guidelines.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
7. Nevada Supreme Court Rule 50. Power of board of bar examiners to
examine applicants.
I. The court hereby confers upon the board of bar examiners the power to
examine applicants pursuant to Rule 49.
2. The board of bar examiners shall conduct written examinations of
applicants, and may also, in its discretion, conduct oral examinations of applicants
on any relevant matters except the bar examination subjects listed in Rule 66.
3. As soon as practicable, all members of thc board of bar examiners shall
enroll and participate in at least one grading seminar or workshop conducted by the
National Conference of Bar Examiners. The provisions of this rule shall not
preclude the board of bar examiners from employing qualified graders.
4. The board of bar examiners shall investigate. adequately and thoroughly,
each applicant's moral character and fitness for membership in the bar and
carefully pursue any adverse information relating to the moral character and fitness
of an applicant. In fulfilling this function, the board of bar examiners may utilize
WRIT OF MANDAMUS
the services of a professional investigator, preferably with training and experience
1
2 in bar admissions.
3
5. In conducting its investigations concerning the character qualifications of 4
5 applicants, the board of bar examiners may conduct hearings as provided by Rule
6 57 or may request an
y disciplinary board or panel thereof of the state bar to
7
investigate the character of any applicant and to m ake a report and
8
9 recom mendation to the board of bar exam iners concerning the applicant. The
10 report and recom mendations of the local adm inistrative com m ittee shall not be
ll
.
binding upon the board, and shall in no way prevent the board trom m aking its
12
own investigation, but the board m ay base its recom mendation eoncenzing the
13
14 admission of the applicant either in whole or in part upon materials and testim ony
15 collected and heard by the com mittee and upon the report and recom m endation of
l6
the comm ittee.
l 7
I 8 The board of bar exam iners shall
,
within 3() days of the conclusion of any
19
hearing concerning the character qualifications of an applicant, notify the applicant
2()
of the results of the hearing. The board of bar exam iners shall file a report with the 21
22 clerk of the supreme court describing the nature and purpose of the hearing
,
and
23
the results thereof in accordance with Rule 69(2).
24
25
W RIT OF M ANDAM US
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 7 of 14
the services of a professional investigator, preferably with training and experience
2 in bar admissions.
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
5. In conducting its investigations concerning the character qualifications of
applicants, the board of bar examiners may conduct hearings as provided by Rule
57 or may request any disciplinary board or panel thereof of the state bar to
investigate the character of any applicant and to make a report and
recommendation to the board of bar examiners concerning the applicant. The
report and recommendations of the local administrative committee shall not be
binding upon the board, and shall in no way prevent the board from making its
own investigation, but the board may base its recommendation concerning the
admission of the applicant either in whole or in part upon materials and testimony
collected and heard by the committee and upon the report and recommendation of
the committee.
The board of bar examiners shall, within 30 days of the conclusion of any
hearing concerning the character qualifications of an applicant, notify the applicant
of the results of the hearing. The board of bar examiners shall file a report with the
clerk of the supreme court describing the nature and purpose of the hearing, and
the results thereof in accordance with Rule 69(2).
WRIT OF MANDAMUS
6. The board of bar examiners shall have the power to investigate applicants
l
2 through the National Conference of Bar Examiners, or any other investigative
3 i l'ts confidential or otherwise on the background of an agency
, to rece ve repo
4
applicant, and to incur necessary expenses in connection w ith the same. Any
5
reports obtained pursuant to such investigations may be classified confidential and 6
7 shall not be available for inspection by the applicant unless the suprem e court or
8 the board of bar exam iners otherwise orders
.
9
10 8.Nevada Supreme Court Rule 51. Qualifications of applicants for
1l
exam ination.
12
1?4 An applieant for examination for a license to practice as an attorney and
l4
counselor at law in this state shall:
15
16 1
.
Have attained the age of majority.
17
18 2. Be present or available within the State of Nevada,and remain so until
19
examined as required by Rule 65, so as to permit and facilitate the exam ination,
20
investigations, interviews and hearings necessary to determ ine the applicant's
21
22 morals, character, qualifications and titness to practice law.
23
24
25
w RIT oy M ANDAM US
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 8 of 14
6.
I
The board of bar examiners shall have the power to investigate applicants
2
through the National Conference of Bar Examiners, or any other investigative
3
agency, to receive reports confidential or otherwise on the background of an
4
applicant, and to incur necessary expenses in connection with the same. Any
5
6
reports obtained pursuant to such investigations may be classified confidential and
7 shall not be available for inspection by the applicant unless the supreme court or
the board of bar examiners otherwise orders.
9
10
8. Nevada Supreme Court Rule 51. Qualifications of applicants for
II
examination.
12
If4 An applicant for examination for a license to practice as an attorney and
14
counselor at law in this state shall:
15
16
I. Have attained the age of majority.
17
18
2. Be present or available within the State of Nevada, and remain so until
19
examined as required by Rule 65, so as to permit and facilitate the examination,
20
21
investigations, interviews and hearings necessary to determine the applicant's
22
morals, character, qualifications and fitness to practice law.
23
24
25
WRIT OF MANDAMUS
3. Have received a degree of bachelor of laws, or an equivalent law degree,
l
2 from a 1aw school approved by the com m ittee on legal education and adm issions to
3 h bar of the American Bar Association
,
and shall present evidence of the sam e. t e
4
5 4. Demonstrate that the applicant is of good m oral character and is w illing and
6
able to abide by the high ethical standards required of attorneys and counselors at
7
law .
8
9
5. Not have been refused adm ission to practice law , or have been
10
disbarred from the practice of law, in any state or before anv court or
l l
12 aovernmental aaency of the United States on the around of unlltness of
i3 character
.
14
15 6. Not be subject to any mental or emotional disorder which would render the
I 6
applicant unfit to practice law.
17
18 7.Not be an abuser of alcohol or prescription drugs, or a user of illegal drugs
.
19
2() 8. Demonstrate financial responsibility.
21
9. Be in full com pliance with any court orders including without lim itation, 22
23 spousal or child support orders.
24
25
t W RIT OF M ANDAM US
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 9 of 14
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
3. Have received a degree of bachelor of laws, or an equivalent law degree,
from a law school approved by the committee on legal education and admissions to
the bar of the American Bar Association, and shall present evidence of the same.
4. Demonstrate that the applicant is of good moral character and is willing and
able to abide by the high ethical standards required of attorneys and counselors at
law.
5. Not have been refused admission to practice law, or have been
disbarred from the practice of law, in any state or before any court or
governmental agency of the United States on the ground of unfitness of
character.
6. Not be subject to any mental or emotional disorder which would render the
applicant unfit to practice law.
18 7. Not be an abuser of alcohol or prescription drugs, or a user of illegal drugs.
19
20 8. Demonstrate financial responsibility.
21
22
23
24
25
9. Be in full compliance with any court order, including without limitation,
spousal or child support orders.
WRIT OF MANDAMUS
RESPONDENT'S REQUEST
l
2 Respondent requests that ( 1) that the lower district court move on his case; and
3
(zlthat he be allowed to sit and take the February 20 1 0 Nevada Bar Exam with all
4
fees waived and that special accommodation ( a private hotel room where applican 5
6 can record his answers and paid for by the Nevada State Bar, ( in addition to
7
paying for typing out of the Respondent recorded answers by a typist).
8
Based on Respondent's declaration incorporated by reference and attached to
9
this W rit request, which states the following: 1 ()
l l (1) Respondent's case after six months in the lower court has not move even
l2
though pursuant to local nlles Respondent requested a status action in his case (see
13
attached letter to district court docket item #4) e.g.granting or denying a fee
l 4
15 waiver or filing of the case com plaint',
16 (2) Respondent has missed taking the July 2009 exam;
17 (3) Respondent is 59 and half years old, disabled under the ADA act;
18 (4) Respondent due to his disability cannot afford the fees and costs of taking the
19
Nevada Bar in Febnlary 2010.
20
JURISDICTION 2 1
22 FRAP 21
23 w lu'rs OF M ANDAM US AND PROHIBITION AND OTHER
1
24
EXTRAORDINARY W RITS
25
W RIT OF M ANDAM US l t
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 10 of 14
2
3
4
5
6
7
9
RESPONDENT'S REQUEST
Respondent requests that (I) that the lower district court move on his case; and
(2)that he be allowed to sit and take the February 20 I 0 Nevada Bar Exam with all
fees waived and that special accommodation ( a private hotel room where applican
can record his answers and paid for by the Nevada State Bar, ( in addition to
paying for typing out of the Respondent recorded answers by a typist).
Based on Respondent's declaration incorporated by reference and attached to
!O this Writ request, which states the following:
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(I) Respondent's case after six months in the lower court has not move even
though pursuant to local rules Respondent requested a status action in his case (see
attached letter to district court docket item #4) c.g. granting or denying a fee
waiver or filing of the case complaint;
(2) Respondent has missed taking the July 2009 exam;
(3) Respondent is 59 and half years old, disabled under the ADA act;
(4) Respondent due to his disability cannot afford the fees and costs of taking the
Nevada Bar in February 2010.
JURISDICTION
FRAP 21
WRITS OF MANDAMUS AND PROHIBITION, AND OTHER
EXTRAORDINARY WRITS
WRIT OF MANDAMUS
I(
(a) Mandamus or Prohibition to a Court; Petition, Filing, Service, and I
2 Docketing.
3 l A arty petitioning for a writ of mandamus or prohibition directed to a court () p
4
must file a petition with the circuit clerk with proof of service on all parties to the
5
proceeding in the trial court. The party must also provide a copy to the trial-court 6
7 judge.All parties to the proceeding in the trial court other than the petitioner are
8
respondents for all purposes.
9
(2) (A) The petition must be titled dln re (name ()f petitionerl.''
l()
(B) The petition must state: l l
l2 (i) the relief sought;
l3
(ii) the issues presented;
1 4
(iii) the facts necessary to understand the issue presented by the
15
I 6 petition', and
17 (iv) the reasons why the writ should issue.
18
(C) The petition must include a copy of any order or opinion or parts
19
of the record that m ay be essential to understand the m atters set
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21 forth in the petition.
22 (3) Upon receiving the prescribed docket fee
,
the clerk m ust docket the
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petition and subm it it to the court.
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W RIT OP M ANDAM US 1l
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(a) Mandamus or Prohibition to a Court; Petition, Filing, Service, and
Docketing.
(I) A party petitioning for a writ of mandamus or prohibition directed to a court
must file a petition with the circuit clerk with proof of service on all parties to the
proceeding in the trial court. The party must also provide a copy to the trial-court
7 judge. All parties to the proceeding in the trial court other than the petitioner are
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respondents for all purposes.
(2) (A) The petition must be titled "In re [name of petitioner]."
(8) The petition must state:
(i) the relief sought;
(ii) the issues presented;
(iii) the facts necessary to understand the issue presented by the
petition; and
(iv) the reasons why the writ should issue.
(C) The petition must include a copy of any order or opinion or parts
of the record that may be essential to understand the matters set
forth in the petition.
(3) Upon receiving the prescribed docket fee, the clerk must docket the
petition and submit it to the court.
WRIT OF MANDAMUS
11
POINTS AND AUTHORITIES l
2 A petition for writ of mandamus pursuant to 28 U .S.C.S 165 1 is an
3 dinary writ
. A court should consider five guidelines to determ ine whether to extraor
4
grant mandamus relief:(1) the party seeking the writ has no other adeqtlate means,
5
such as a direct appeal, to attain the relief he or she desires', (2) the petitioner will 6
7 be damaged or prejudiced in a way not correctable on appeal', (3) the district court's
8 , -
order is clearly erroneous as a matter of law; (4) the district court s order is an oft-
9
repeated error, or manifests a persistent disregard of the federal rules', and (5) the
l0
district court's order raises new and important problems or issues of Iaw of first l 1
12 impression. Bauman v.united States District Coul't,557 F.2d 650, 654-55 (9th
1 3
Cir. 1977).
l 4
Only the item s number 1 and 2 above should be considered because under the
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1(, facts of this case none of the other items are ripe for discussion.
17 Based on the declaration of Respondent in support of this request it goes
18
without question that he getting older and because of his disability his short
19
window of opportunity of helping the poor is closing fast. lt goes w ithout saying
20
zl that only after being provided special accom m odations when he passed the
22 FEBRUARY 1988 California Bar exam
,
such as a hotel room and having his
23
answers tape recorded did he pass that bar after eleven attem pts. Pointing out that
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w Itl'I'oy M AxoAM us l?
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POINTS AND AUTHORITIES
A petition for writ of mandamus pursuant to 2X U .S.C.S 165 I is an
extraordinary writ. A court should consider five guidelines to determine whether to
grant mandamus relief: (I) the party seeking the writ has no other adequate means,
such as a direct appeal, to attain the relief he or she desires; (2) the petitioner will
be damaged or prejudiced in a way not correctable on appeal; (3) the district court's
order is clearly erroneous as a matter of law; (4) the district court's order is an oft-
repeated error, or manifests a persistent disregard of the federal rules; and (5) the
district court's order raises new and important problems or issues of law of first
impression. Bauman v.United States District Court, 557 F.2d 650, 654-55 (9th
Cir.1977).
Only the items number 1 and 2 above should be considered because under the
facts of this case none of the other items are ripe for discussion.
Based on the declaration of Respondent in support of this request it goes
without question that he getting older and because of his disability his short
window of opportunity of helping the poor is closing fast. It goes without saying
that only after being provided special accommodations when he passed the
FEBRUARY 1988 California Bar exam, such as a hotel room and having his
answers tape recorded did he pass that bar after eleven attempts. Pointing out that
WRIT OF MANDAMUS
in the previous times he sat for the exam his illness affected his writing ability,
l
2 strength and he becam e fatigued.
3 lt would have been futile for Respondent to have filed a sim ilar request such as
4
current W rit request because the lower court after six months has not ruled on his
5
sim ple request for a fee waiver in order to file his complaint. 6
7 CONCLUSION
8 Thus
,
under the FRAP 21 and under the AD A Act of 1990 as modified in
9
2008, Respondent requests that his court issue a writ mandating that the lower
I0
court rule on Respondent's request for fee waiver and file his com plaint. l 1
12 Furthermore this court should m andate that Respondent be allowed to sit for the
I3
Nevada State Bar exam in February 2010 having his fees waived and that the
l 4
defendants provide a hotel room (or similar environment) and typist to provide a
15
16 typing of Respondent's recorded answers also paid by defendants.
17
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RESPEC LY SUBM ITTED:
l9
2()
21 DAT : A ST 28, 2009
22
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FELI TORRES, JR.
24
Respondent/plaintiff 25
W RIT OF M ANDAM US ''
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in the previous times he sat for the exam his illness affected his writing ability,
strength and he became fatigued.
It would have been futile for Respondent to have filed a similar request such as
current Writ request because the lower court after six months has not ruled on his
simple request for a fee waiver in order to file his complaint.
CONCLUSION
Thus, under the FRAP 21 and under the ADA Act of 1990 as modified in
2008, Respondent requests that his court issue a writ mandating that the lower
court rule on Respondent's request for fee waiver and file his complaint.
Furthermore this court should mandate that Respondent be allowed to sit for the
Nevada State Bar exam in February 2010 having his fees waived and that the
defendants provide a hotel room (or similar environment) and typist to provide a
typing of Respondent's recorded answers also paid by defendants.
L Y SUBMITTED:
Respondent/Plaintiff
WRIT OF MANDAMUS
I.
CASE NO.- 09-CV-00280 RCJILRI,)
l
2
PROOF M AIL SERVICE
3
1, FELIX TORRES, JR. am over 1 8 years if age and a party to the within above
4
entitled action, that I am a resident of ORANGE COUNTY, CALIFORNIA and
5
the CITY OF DANA POINT, CALIFORNIA .
6
7 Pursuant FRCP 5 in the ordinary course of business practice, on SEPTEM BER 4,
8 2009, I MAILED, copy of (without attachments already in possession of
9 lower court)
10 W RIT OF M ANDAM US
l I To:
US FED ERAL DISTRICT COURT 12
DISTRICT OF NEVADA-LAS VEGA S
13 CLERK'S OFFICE
333 LAS VEGA S BLVD . SOUTH
14 LAS VEGAS
,
NV 89101
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16
I declare under penalty of perjury under the laws of the State of California at the
17
foregoing is tnle and correct. Executed at DANA POINT, CA this day of
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SE 4, 2009.
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2 l
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AM US 1 W RIT OF M AND
Case 2:09-cv-00280-GMN-LRL Document 6 Filed 09/08/09 Page 14 of 14
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CASE NO. - 09-CV-00280 RCJ(LRL)
PROOF MAIL SERVICE
I, FELIX TORRES, JR. am over 18 years if age and a party to the within above
entitled action, that I am a resident of ORANGE COUNTY, CALIFORNIA and
the CITY OF DANA POINT, CALIFORNIA.
7 Pursuant FRCP 5 in the ordinary course of business practice, on SEPTEMBER 4,
8 2009, I
MAILED, copy of (without attachments already in possession of
9 lower court)
10 WRIT OF MANDAMUS
11 To:
12 US FEDERAL DISTRICT COURT
DISTRICT OF NEVADA-LAS VEGAS
13 CLERK'S OFFICE
333 LAS VEGAS BLVD. SOUTH
14
LAS VEGAS, NV 89101
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I declare under penalty of perjury under the laws of the State of California at the
foregoing is true and correct. Executed at DANA POINT, CA this day of
WRIT OF MANDAMUS