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No. 11-1931
In Re:
No. 11-7088
JULIAN E. ROCHESTER,
Plaintiff Appellant,
v.
PAPERMATE PAPER CORP; MARLBORO HOSPITAL; SCDC; ASBESTOS
SUPER
FUND;
GEORGIA-PACIFIC
PAPER
CORPORATION,
a/k/a
Georgia-Pacific Paper Corp,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson.
J. Michelle Childs, District
Judge. (8:11-cv-01782-JMC)
Submitted:
Decided:
PER CURIAM:
In
No.
11-1931,
frequent
litigant
Julian
Rochester
judgments.
In
No.
11-7088,
Rochester
appeals
the
frivolous.
Additionally,
Rochester
has
persisted
in
filing
He
Accordingly, we now
I
In
his
mandamus
petition,
Rochester
seeks
an
order
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
party
seeking
mandamus
relief
carries
the
heavy
burden
The
of
35
(1980).
Federal
courts
have
no
general
power
to
compel
the
district
court
correctly
determined
We have
We conclude
that
Rochester
are not state actors amenable to suit under 1983, see West v.
Atkins, 487 U.S. 42, 48 (1988), and that certain of Rochesters
claims
are
barred
by
the
applicable
three-year
statute
of
II
Rochester has filed at least twenty-nine cases in this
court -- both original actions and appeals from district court
4
typically
share
recurring
themes:
for
instance,
The
he
and
December
pending
directed
20,
motions
him
to
2011,
we
to
proceed
show
cause
deferred
without
why
he
action
prepayment
should
not
on
of
be
light
of
Rochesters
utter
disregard
for
the
certified
frivolous.
that
the
appeal,
petition,
or
motion
is
not
III
We dispense with oral argument because the facts and
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED