Remedies formerly available by writ of mandamus to compel performance of duties

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  • (a) In an appropriate action, or upon an appropriate motion in an action, under the practice prescribed in the Federal Rules of Civil Procedure and in this title, the district court may issue a mandatory order to any inferior court, corporation, board, officer, or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station. Although such order may require the court, corporation, board, officer, or person to exercise its or his judgment, or proceed to the discharge of any of its or his functions, the order shall not control judicial discretion. The order shall not be issued in any case where there is a plain, speedy, and adequate remedy in the ordinary course of the law.

  • (b) When an order under subsection (a) of this section is directed to a public officer or body commanding the performance of any public duty specially enjoined by law, if it appears to the court that such officer or any member of such body has refused or neglected to perform the duty so enjoined without just excuse, the court may imprison, or impose a fine of not more than $1,000 upon, every such officer or member of such body for each refusal.


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