From Casetext: Smarter Legal Research

Moye v. Clerk, DeKalb County Superior Court

United States Court of Appeals, Fifth Circuit
Mar 9, 1973
474 F.2d 1275 (5th Cir. 1973)
Download
PDF
Check
Treatment

Summary

holding that federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought"

Summary of this case from Max-George v. Honorable Justices of Court of Criminal Appeals
See 24 Summaries

Opinion

No. 72-3167. Summary Calendar.

Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co of New York et al., 5 Cir., 1970, 431 F.2d 409.

March 9, 1973.

William R. Gignilliat, III, Atlanta, Ga. (Court Appointed), for petitioner-appellant.

Robert E. Mozley, Decatur, Ga., for respondent-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

PER CURIAM:

Jamie N. Moye, a prisoner of the State of Georgia, filed a pro se petition in the Northern District of Georgia requesting the court to compel the clerk of the DeKalb County Superior Court to comply with his request for production of the transcript and other documents relating to his state conviction. He alleged a need for them as a basic tool necessary for the preparation of his state appeal process.

The district court, construing the request as a petition for a writ of mandamus, summarily dismissed it for failure to exhaust state remedies.

On appeal Moye alleges that he made numerous motions to the state court seeking production but has received no ruling thereon. The respondent herein has failed to file a brief.

Although the writ of mandamus was abolished by Fed.R.Civ.P. 81(b), federal courts may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law, 28 U.S.C. § 1651. But a federal court lacks the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought. Lamar v. 118th Judicial District Court of Texas, 440 F.2d 383 (5th Cir., 1971); Haggard v. Tennessee, 421 F.2d 1384 (6th Cir., 1970).

Since the present request sought only mandamus relief, it was properly denied.

The judgment of the district court is affirmed.

Summaries of

Moye v. Clerk, DeKalb County Superior Court

United States Court of Appeals, Fifth Circuit
Mar 9, 1973
474 F.2d 1275 (5th Cir. 1973)

holding that federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought"

Summary of this case from Max-George v. Honorable Justices of Court of Criminal Appeals

holding that federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought"

Summary of this case from In re Sanders

holding that federal courts lack “the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought”

Summary of this case from Badger v. State

holding that federal courts lack “the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought”

Summary of this case from Anthony v. Louisiana

holding that district court properly construed motion to direct state court activities as petition for writ of mandamus

Summary of this case from Morris v. Ala. Supreme Court

holding that court lacked authority to issue mandamus directing state-court clerk to produce documents

Summary of this case from McCoy v. Newton Cnty.

holding that district court properly construed motion to direct state court activities as petition for writ of mandamus

Summary of this case from Rucker v. Mississippi

holding that district court properly construed motion to direct state court activities as petition for writ of mandamus

Summary of this case from Lathon v. Sollie

holding that federal courts do not have original jurisdiction over mandamus actions to compel an officer or employee of a state to perform a duty owed to the petitioner

Summary of this case from Lewis v. Alexander

holding that the federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought"

Summary of this case from JUDD v. MARTIN

finding that federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought."

Summary of this case from Leggett v. Supreme Court of Georgia

finding that federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought."

Summary of this case from Wallace v. Georgia Supreme Court

finding that federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought."

Summary of this case from Fuller v. Buckner

finding that federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought."

Summary of this case from Goodwin v. Cordele Judicial Circuit

finding that federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties where mandamus is the only relief sought."

Summary of this case from Williams v. Mitchell County Superior Court

deciding that district court properly construed motion to direct state court activities as petition for writ of mandamus

Summary of this case from Goree v. Judge Andrew Howorth

confirming that a prisoner's petition requesting the district court to direct state court activities was in fact a petition for a writ of mandamus that had been properly denied

Summary of this case from Grubbs v. Miss. Supreme Court

construing pro se petitioner's request for the court to order the state court clerk to produce transcripts for petitioner's use in preparation of appeals as a petition for a writ of mandamus

Summary of this case from Rauch v. Wayne Cnty. Dep't of Health & Human Res.

noting federal courts do not have original jurisdiction over mandamus actions to compel an officer or employee of a state to perform a duty owed to the petitioner

Summary of this case from Montgomery v. Armstead

discussing how federal courts lack jurisdiction over mandamus actions where the plaintiff seeks to have the federal court compel an officer or employee of a state to perform an action

Summary of this case from Foster v. Parole Office (Day Role Call & Probation)

discussing how federal courts lack jurisdiction over mandamus actions where the plaintiff seeks to have the federal court compel an officer or employee of a state to perform an action

Summary of this case from Justice v. North Carolina

stating that federal courts do not have original jurisdiction over mandamus actions to compel an officer or employee of a state to perform a duty owed to the petitioner

Summary of this case from Blakely v. State

stating that federal courts do not have original jurisdiction over mandamus actions to compel an officer or employee of a state to perform a duty owed to the petitioner

Summary of this case from Robinson v. State

construing a similar request as a writ of mandamus and affirming its denial

Summary of this case from Cross v. State of Texas
Case details for

Moye v. Clerk, DeKalb County Superior Court

Case Details

Full title:JAMIE N. MOYE, PETITIONER-APPELLANT, v. CLERK, DeKALB COUNTY SUPERIOR…

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 9, 1973

Citations

474 F.2d 1275 (5th Cir. 1973)

Citing Cases

Rucker v. Mississippi

To the extent Rucker is asking this Court to direct a judge of the Greene County Circuit Court to rule on his…

Rogers v. Gussio

Federal courts lack "the general power to issue writs of mandamus to direct state courts and their judicial…

526 Citing Cases