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Walpin v. Corp. for Nat'l. & Comm. Servs., No. 10-5221

By FindLaw Staff on January 04, 2011 5:16 PM

Mandamus Petition to Restore Petitioner to Inspector General Office

In Walpin v. Corp. for Nat'l. & Comm. Servs., No. 10-5221, petitioner's appeal from the district court's order denying his petition for a writ of mandamus directing that the Corporation for National and Community Services (CNCS) be directed to restore petitioner as the CNCS Inspector General on the ground that the President did not comply with the requirement of the Inspector General Act that the President give the Congress thirty days' notice of his intent to remove an Inspector General and of the reasons therefor, the court affirmed where the district court correctly dismissed the action because petitioner did not have a "clear and indisputable right to relief" as required for mandamus.

 

As the court wrote:  "Gerald Walpin, former Inspector General of the Corporation for National and Community Services (CNCS), appeals the district court's dismissal of his mandamus action against the CNCS and three of its officers. Walpin v. Corp. for Nat'l & Cmty. Serv., 718 F. Supp. 2d 18 (D.D.C. 2010). Walpin asks that CNCS be directed to restore him as the CNCS Inspector General on the ground that the President did not comply with the requirement of the Inspector General Act (IGA), as amended by the Inspector General Reform Act of 2008 (IGRA), that the President give the Congress thirty days' notice of his intent to remove an Inspector General and of the reasons therefor."

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