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State court of last resort · ST-VA-SC
Johnson v. Clerk, Wise County Circuit Court (ORDER)
No. 240012Supreme Court of Virginia
240012 Johnson v. Clerk, Wise County Circuit Court (ORDER) 08/15/2024 A mandamus petition by an inmate is dismissed in part and granted in part. The writ does not lie against a circuit court clerk because peti…
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240012 Johnson v. Clerk, Wise County Circuit Court (ORDER) 08/15/2024 A mandamus petition by an inmate is dismissed in part and g…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Aug 15, 2024
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Docket entry
240012 Johnson v. Clerk, Wise County Circuit Court (ORDER) 08/15/2024 A mandamus petition by an inmate is dismissed in part and granted in part. The writ does not lie against a circuit court clerk because petitioner's money orders were insufficient to pay the filing fees and the clerk had no duty to file his pleading, see Code § 17.1-275(A)(13). In his second claim, petitioner alleges he mailed to the General District Court a motion for judgment seeking money damages and an affidavit in forma pauperis affirming eligibility for IFP status, attaching an inmate trust account statement for a two-month period. Under the facts and circumstances of this case, the clerk had a ministerial duty to fi…
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