Gougher v. Mnuchin

Background

Marlin Lee Gougher, identified as a federal prisoner, filed a document titled “File Order and Notice of Revocation Motion to Compel.” The court construed it as a petition for a writ of mandamus, meaning a request for a court order requiring a government official to perform a required duty. Gougher also moved to proceed without prepaying the filing fee and filed motions requesting summonses and appointment of a marshal to serve the summons and complaint.

Gougher’s filing asked the court to compel the Secretary of the Treasury to confirm that transactions under what he called his previous trust were final. In an attached “Order and Notice of Revocation,” he stated that he had notified the President that he was a private citizen and had transferred the trusteeship from the Treasury Department to the President. He sought confirmation within 30 days that transactions under the previous trust were final.

Court’s analysis

Because Gougher sought relief from a government officer, the court conducted the required preliminary screening under 28 U.S.C. § 1915A. Screening requires dismissal of claims that are frivolous, fail to state a claim for relief, or seek money from a defendant protected from such relief. The court also noted that filings by people without lawyers must be read liberally.

The court explained that mandamus relief against a federal officer requires three things: a clear and certain claim, a mandatory and plainly defined duty, and no other adequate remedy. The court said Gougher provided few details about the alleged trust and that his allegations were “outlandish and entirely implausible.” It therefore concluded that his claim was not clear and certain and that mandamus relief was unavailable.

Ruling and effect

The court dismissed the petition for a writ of mandamus with leave to amend and gave Gougher one opportunity to address the stated legal standards and provide more information about the requested relief. The amended petition had to be filed within 28 days and had to use the caption and civil case number specified in the order. The court warned that failure to amend within that period would result in dismissal of the case.

The court granted Gougher’s motion to proceed without prepaying fees. It denied the motions requesting summonses and appointment of a marshal to serve them as premature; the order expressly stated that those denials were without prejudice to refiling if Gougher filed a valid amended petition. Judge Yvonne Gonzalez Rogers also stated that Gougher was responsible for prosecuting the case and notifying the court of any address change.