AdministrativeLaw SocialSecurity DueProcess JusticiabilityDoctri
Where the District Court has repeatedly refused to address or adjudicate claims raised by a party, in this and other cases filed by Missouri Prisoner's alleging deprivation of property pursuant to and established state procedure, should this Court issue a writ of mandamus directing the District Court to adjudicate the unresolved issues, or explain why the adjudication was deemed unnecessary to the disposition of the case
QuESTIONS PRESENTED” Question 1: Where the District Court has repeatedly refused to address or adjudicate claims raised by a party, in this and other cases filed by Missouri Prisoner's alleging deprivation of property pursuant to and established state procedure, should this Court issue a writ of mandamus directing the District Court to adjudicate the unresolved issues, or explain why the adjudication was deemed unnecessary to the disposition of the case. The unresolved issues set forth in the Complaint are: a) That Petitioner is being denied the use of the established adjudicatory procedures set forth in the Missouri Administrative Procedure Act (MAPA) Chapter 536, RSMo. Section §§ 536.010 .150, RSMo, relating to deprivations of personal property, by the Missouri Department of Corrections (MDOC), pursuant to an established state procedure that denys due process. In Logan V. Zimmerman Brush Co.,102 S.ct. 1148, 1154-55 (1982), this Court held that the right to use state adjudicatory procedures is a constitutionally. protected property interest. (