Passim

Mandamus decisions / Southern District of New York

Spatola v. U. S. Department of Defense

Southern District of New YorkTenneyDecided July 13, 1972

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2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 a.m. CT; the Passim connector counts the live collection, which can differ by the day's additions and retirements (which total to quote). Coverage: of the 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 2026. Some of what that search finds are not mandamus decisions. Tell us about a decision we're missing.

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What the decision decided

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Agency Not recorded Read by a model
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
is seeking an order from the Court directing the “Defense Department” and the Selective Service System to either immediately induct him into the armed forces
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, and for the foregoing reasons, defendants’ motion to dismiss the complaint is granted.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants have now moved pursuant to Fed.R.Civ. P. 12(b)(1) and (6) to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.
Whose motion The government's motion Read by a model
Defendants have now moved pursuant to Fed.R.Civ. P. 12(b)(1) and (6) to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, and for the foregoing reasons, defendants’ motion to dismiss the complaint is granted.
Prevailing party Government Read by a model
Accordingly, and for the foregoing reasons, defendants’ motion to dismiss the complaint is granted.
The other claims Dismissed Read by a model
Accordingly, and for the foregoing reasons, defendants’ motion to dismiss the complaint is granted.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Italy Read by a model
Plaintiff is a single, male alien, twenty-five years of age and a native and citizen of Italy.

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Second Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 14, 2026. Check the current status before relying on one.