Free Letter - District Court of Delaware - Delaware

Case 1:06-cv—00001-Gl\/IS Document 64 Filed 02/15/2007 Page1 of3
OFFICE OF THE CLERK
MARCIA M. WALDRON UNITED STATES COURT OF APPEALS TELEPHONE
CLERK FOR THE THIRD CIRCUIT 2 T $-597-2995
moo UNITED STATES couRTHousE
ooi MARKET STREET
PHILADELPHIA ioiooivoo
February 8, 2007
l\/lr. James W. Riley #169716
Delaware Correctional Center
1181 Paddock Road
Smyrna, DE 19977
Re: Undocketed in Third Circuit Court of Appeals
Dear lV|r. Riley;
This will acknowledge receipt on January 26, 2007 of an original and three (3)
copies of your submission entitled "Petition To Remove Above Captioned Civil Right
Case Out Of The Delaware District Court". Any request for transfer of venue must be
filed in the appropriate District Court. It is noted that your petition for writ of mandamus
at No. 06-4004 was denied by the Court‘s opinion and judgment issued on November
16, 2006. Accordingly, your submission is being returned to you along with this letter.
To the extent that you are attempting to file a petition for a writ of mandamus or
prohibition directed to a court of the United States pursuant to 28 U.S.C. §1651 and
Rule 21, Federal Rules of Appellate Procedure; you must comply with the following
requirements:
You must either pay the filing fee of $450 or submit an original and three
copies of an in forma pauperis motion and affidavit to the Court of
Appeals. E Rule 24 and Form 4, Federal Rules of Appellate
Procedure. You also must serve yourg forma pauperis motion and
affidavit on each party to the proceeding in the trial court (or on counsel
for each party). A certificate of service must be submitted to the Court of
Appeals. gg Rules 21 and 25, Federal Rules of Appellate Procedure. A
form affidavit is enclosed for your convenience. As required by the
affidavit form, your motion must also be accompanied by a certified
statement of your institutional account for the six month prior to this date.
You must serve each party to the proceeding in the trial court with a copy of
your petition for writ of mandamus. E Rule 21(a), Federal Rules of Appellate
Procedure.

Case 1:06-cv—00001-Gl\/IS Document 64 Filed 02/15/2007 Page 2 of 3
You must provide the trial judge with a copy of your petition for writ of
mandamus. ge Rule 21(a), Federal Rules of Appellate Procedure.
You must submit an original and three (3) copies of your petition. gp Rule
21(d), Federal Rules of Appellate Procedure.
Pursuant to Rule 21(a)(2)(C), Federal Rules of Appellate Procedure, the
the petition must include the parts of the record necessary to understand
the matters presented in the petition, Therefore, any relevant portions
ofthe record must be included.
You must provide the lower court docket number and your
petition must be properly titled "ln re: [name of petitioner]. "
See Rule 21(a)(2)(A), Federal Rules of Appellate Procedure.
Very truly yours,
Marcia l\/l. Waldron, Clerk
By: /s/ Gayle Burr
Gayle Burr
Legal Assistant
l\/ll\/lW/ghb
Enclosures (Affidavit Form & Prison Account Statement)
cc: Honorable Gregory l\/l. Sleet (w/o enclosure)
Ophelia IVI. Waters, Esq. (w/o enclosure)
Kevin J. Connors, Esq. (w/o enclosure) F I L E D
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us. msrmcr count
nisrmcr OF DELAWARE

Case 1:06-cv—00001-G|\/IS Document 64 Filed 02/15/2007 Page 3 of 3
Honorable Gregory M. Sleet
District Judge
United States District Court
District of Delaware
844 King Street
Wilmington, DE 19801