In the Matter of the Petition of Joseph Budner Elad for a Writ of Habeas Corpus

Summary

The Court dismissed Elad’s complaint seeking habeas and mandamus relief arising from foreclosure and ejectment proceedings. It held that the Court lacks original jurisdiction to issue habeas corpus, Elad was not detained and therefore could not obtain habeas relief, and mandamus could not be used to correct alleged legal errors or obtain the forms of relief requested. The Court also struck the bank’s untimely motion to affirm and Elad’s unauthorized response.