DueProcess
is-petitioner-entitled-to-immediate-relief
QUESTIONS PRESENTED FOR REVIEW 1. IS“PETITIONER ENTITLED TO IMMEDIATE RELIEF, INCLUDING MANDAMUS FROM THIS COURT TO PROTECT HIS RIGHT TO PETITION) THE COURTS WHERE A MANIFEST INJUSTICE WOULD OTHERWISE RESULT 2.0 | IS THE FAILURE OF THE COURT OF APPEALS FOR THE SECOND C&RCUIT TO REINSTATE PETITONER'S APPEAL AND'RECALL ITS MANDATE THE TYPE OF : EXTRAORDINARY CIRCUMSTANCE CORRECTABLE BY THIS COURT'S ISSUANCE OF MANDAMUS | . ie . | ; | RELIEF SOUGHT Petitioner prays for a writ of mandamus to he issued by this Court directing the United States Court of Appeals for the Second Circuit , under Jones v. Cuomo, et al., Case No. 20-3496, remanding this case, to recall its mandate, reinstate Petitioner's appeal, rule on his dispositive motions, and allow him to submit briefs on the issues to he raised on appeal. UNAVAILABILITY OF RELIEF IN OTHER COURTS No other court can grant the relief sought hy this petition. 1. On February 24, 2021, the United States Court of Appeals for the Second Circuit dismissed Petitioner's appeal, for defaulting on filing the prisoner authorization form pursuant to 28 U.S.C. § 1915(b). | 2. A mandate was issued on April 21, 2021. Acopy of the order is