Foster v. Canan

District of Columbia Court of Appeals
Foster v. Canan, 661 A.2d 636 (D.C. 1995)
1995 D.C. App. LEXIS 144; 1995 WL 422213
Wagner, Chief Judge Farrell, Associate Judge and Pryor, Senior Judge

Foster v. Canan

Opinion

ORDER

PER CURIAM.

The division is of the opinion that the issue presented by the petition has been resolved against petitioner by this court’s combined decisions in Browner v. District of Columbia, 549 A.2d 1107 (D.C. 1988); Olevsky v. District of Columbia, 548 A.2d 78 (D.C. 1988); In re Thompson, 454 A.2d 1324 (D.C. 1982); and Scott v. District of Columbia, 122 A.2d 579 (D.C. 1956). Even if that were not the case, the division is unable to conclude, in light of these decisions, that the right to a petition for a writ of mandamus is “ ‘clear and indisputable’ ” in this case. Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289, 108 S.Ct. 1133, 1143-44, 99 L.Ed.2d 296 (1988) (quoting Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 74 S.Ct. 145, 98 L.Ed. 106 (1953)). It is

FURTHER ORDERED that this case is removed from the oral argument calendar for Monday, June 19, 1995. It is

FURTHER ORDERED by the division, sua sponte, that the Clerk shall poll the full court regarding whether this case shall be heard by the court en banc.

Reference

Full Case Name
Melvin FOSTER, Petitioner, v. the Honorable Russell F. CANAN, Respondent
Cited By
6 cases
Status
Published