DARRELL MARSHALL V WAYNE CIRCUIT COURT JUDGE

Court of Appeals, State of Michigan
ORDER
DARRELL MARSHALL V WAYNE CIRCUIT COURT JUDGE
Docket No. 380479
LC No. 25-005981-AV
Allie Greenleaf Maldonado
Presiding Judge
Christopher M. Trebilcock
Mariam S. Bazzi
Judges
The motion to waive fees is GRANTED for this case only.
The motion for immediate consideration is GRANTED.
The motion to “REFRAIN FROM HOLDING PLAINTIFF TO STANDARDS OF AN
ATTORNEY” is GRANTED. See Estelle v Gamble, 429 US 97, 106; 97 S Ct 285; 50 L Ed 2d 251 (1976).
The complaint for mandamus is DISMISSED in part, for lack of jurisdiction, insofar as it
requests a writ of mandamus against a sitting federal judge. See Trump v Anderson, 601 US 100, 111;
144 S Ct 662; 218 L Ed 2d 1 (2024) (“. . . States lack even the lesser power[] to issue writs of mandamus
against federal officials . . . .”). On the other hand, insofar as that complaint seeks a writ of mandamus
against a sitting judge of Wayne Circuit Court, that claim actually sounds in superintending control,1 and
it is DENIED for lack of merit pursuant to MCR 7.206(D)(3).
_______________________________
Presiding Judge
1 See MCR 3.302(C) (“A superintending control order replaces . . . the writ of mandamus when directed
to a lower court or tribunal.”); Brendel v Morris, 345 Mich App 138, 149; 4 NW3d 776 (2023) (“Courts
are not bound by the labels that parties attach to their claims, because this would exalt form over substance.
Rather, courts must consider the gravamen of the complaint or motion based on a reading of the document
as a whole.”) (quotation marks and citations omitted).

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