Petition for Rehearing — In Re Antwoyn Spencer, Petitioner

IN THE SUPREME COURT

OF THE UNITED STATES

In re:. ANTWOYN SPENCER

Petitioner

Case No..19-7047

nr

PETITION FOR REHEARING OF AN ORDER DENYING

A PETITION FOR WRIT OF MANDAMUS

COMES NOW Petitioner, Antwoyn Spencer proceeding pro se, and hereby

respectfully submits this petition for rehearing on the following

substantial grounds:

- This --Court -has-power pursuant to Article _III _Section _1., &action_

2, Clause 1 & 2 of the United States Constitution, 28 U.S.C. §1254(1),

and 28 U.S.C. §1651(a) to issue -a writ of mandaMu. Futhermore, the

peremptory writ of mandamus has traditionally been used in federal

courts "to confine an inferior court to a lawful exercise of its

prescribed jurisdiction or compel it to exercise its authority when it

is its duty to do so." Will v United States, 389 U.S. 90, 95, 19 L. Ed.

305, 88 S. Ct. 269 (1967) quoting Roche v, Evaporated Milk Ass'n, 319

U.S. 21, 26, 87 L. Ed. 1185, 63 S. Ct. 938 (1943). Repeated decisions

of the Supreme Court have established the rules that mandamus "will lie

in- a proper case to direct a subordinate Federal Court to decide a

pending cause." Insurance Company v Comstock, 83 U.S. (16 Wall.) 258,

270, 21 L. Ed. 493 (1872); Thermtron Prods. Inc. v Hermansdorfer, 423

U.S. 336, 352, 46 L. Ed. 2d 542, 96 S. Ct. 584 (1987) and Will v Calvert

Fire Ins. Co., 437 U.S. 655, 622, 57 L. Ed. 2d 504, 98 S. Ct. 2552

(1978).

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RECEIVED

FES 2 7 2U20

OFFICE OF THE CLERK

SUPREME COUe-U U.S.

CONCLUSION

Wherefore, all of the above stated stated petitioner prays the

instant petition is granted and writ of mandamus is issued,

CERTIFICATE OF COMPLIANCE

Pro se petitioner certifies this petition for rehearing complies

with Rule 44 of the Rules of this' Court. This petition is restricted

to other substantial grounds not previously presented. It is presented

in good faith and not for delay.

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Signed

Antwoyn Spencer, Petitioner

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