郭文贵刑事案 · ORDER · ECF #767
元数据
- 当事人
- 郭文贵 (Guo Wengui / Miles Guo / Ho Wan Kwok)
- 法院
- SDNY
- 案号
- 23-cr-00118
- ECF #
- 767
- 类型
- ORDER
- 立案日
- 2025-11-26
美国第二巡回法院裁定令 —— 美国诉 Ho Wan Kwok(郭文贵 / Guo Wengui / Miles Guo)案下级法院诉讼案号 1:23-cr-00118,第二巡回案号 25-2726 ECF 767(2025年11月26日)。法院驳回自诉人 Ranyue Bai 的人身保护令申请,理由为申请人未能证明其权利明确且不可争议。
原始法庭文件为英文,下方为英文全文。
全文
S.D.N.Y. – N.Y.C. 23-cr-118 Torres, J.
## United States Court of Appeals FOR THE SECOND CIRCUIT \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 26th day of November, two thousand twenty-five.
Present:
Dennis Jacobs, Joseph F. Bianco, *Circuit Judges*, Victor A. Bolden, *District Judge.\**
In Re: Ranyue Bai, 25-2726
25-212
*Petitioner*.
Petitioner, pro se, has filed a petition for a writ of mandamus directing the district court to cease suppressing his future filings, docket his submitted but undocketed motions, and rule on his pending Rule 60(d)(3) motion. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated that his right to the writ is clear and indisputable, and that granting the writ is appropriate under the circumstances. *See Cheney v. U.S. Dist. Ct. for D.C.*, 542 U.S. 367, 380–81 (2004).
In view of the large number of submissions received by the district court, which we trust the court will address expeditiously, Petitioner's mandamus petition as to docketing his submissions is denied without prejudice to renewal if the district court fails to docket the submissions within a reasonable time.
<sup>\*</sup> Judge Victor A. Bolden, of the United States District Court for the District of Connecticut, sitting by designation.
Likewise, the denial as to his Rule 60(d)(3) motion is without prejudice to renewal if the district court fails to take action within a reasonable time after sentencing in the underlying criminal case. *See Cheney*, 542 U.S. at 380–81; *United States v. Magassouba*, 544 F.3d 387, 411 n.16 (2d Cir. 2008).
2
FOR THE COURT: Catherine O'Hagan Wolfe, Clerk of Court
Catherine O'Hoppe Wolfe
UNITED STATES SECOND CIRCUIT COURT OF APPEALS
A True Copy Catherine O'Hagan Wolfe, Clerk United States Court of Appeals, Second Circuit Catherine O'Hagan Wolfe
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