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White v. Ward

United States Court of Appeals, Tenth Circuit
May 22, 1998
145 F.3d 1139 (10th Cir. 1998)

Summary

holding that a district court "lacked jurisdiction to direct a state court to perform its duty"

Summary of this case from Stoppie v. Justices of Supreme Court

Opinion

No. 98-7014.

Filed May 22, 1998.

D.C. No. CV-97-632-B.

Before PORFILIO, BALDOCK and LUCERO, Circuit Judges.


ORDER


This is an appeal from an order of the district court denying Rickey White's "petition for writ of mandamus pursuant to Rule 28 U.S.C.S. § 1651" in which Mr. White sought a mandamus to the Oklahoma Court of Criminal Appeals to rule on his pending state habeas matter. The district court dismissed for lack of subject matter jurisdiction. We affirm.

Although it appears from the district court docket sheet that the notice of appeal was filed January 16, 1998, more than 30 days after entry of the district court order on December 10, 1997, Mr. White attached to his brief a copy of this court's letter directing the district court to file a misdirected notice of appeal as of January 9, 1998 the date it was received in this court. See Fed.R.App.P. 4(a)(1) ("If a notice of appeal is mistakenly filed in the court of appeals, the clerk of the court of appeals shall note thereon the date when the clerk received the notice and sent it to the clerk of the district court and the notice will be treated as filed in the district court on the date so noted.")

Thus the notice of appeal should have been docketed as filed on January 9, 1998. Accordingly, we conclude that there is jurisdiction to consider this appeal.

The district court correctly determined that it lacked jurisdiction to direct a state court to perform its duty. Van Sickle v. Holloway, 791 F.2d 1431, 1436 n. 5 (10th Cir. 1986) (lower federal courts do not have the authority to issue a writ of mandamus to "`direct state courts or their judicial officers in the performance of their duties.'") (quoting Haggard v. State of Tennessee, 421 F.2d 1384, 1386 (6th Cir. 1970). At most, a federal habeas court could forgive the exhaustion requirement. See Harris v. Champion, 938 F.2d 1062 (10th Cir. 1991).

Accordingly, the district court order is AFFIRMED. The mandate shall issue forthwith.


Summaries of

White v. Ward

United States Court of Appeals, Tenth Circuit
May 22, 1998
145 F.3d 1139 (10th Cir. 1998)

holding that a district court "lacked jurisdiction to direct a state court to perform its duty"

Summary of this case from Stoppie v. Justices of Supreme Court

explaining that federal courts "lack[] jurisdiction to direct a state court to perform its duty"

Summary of this case from In re Gochin

explaining that a federal court "lack jurisdiction to direct a state court to perform its duty"

Summary of this case from In re Smith

explaining that federal courts "lack jurisdiction to direct a state court to perform its duty"

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explaining that a federal court "lack jurisdiction to direct a state court to perform its duty"

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explaining that federal courts "lack jurisdiction to direct a state court to perform its duty"

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explaining that federal courts "lack jurisdiction to direct a state court to perform its duty"

Summary of this case from In re Stitt

explaining that federal courts "lack[] jurisdiction to direct a state court to perform its duty"

Summary of this case from In re Wallace

explaining that federal courts "lack[] jurisdiction to direct a state court to perform its duty"

Summary of this case from In re Wallace

explaining that federal courts "lack[] jurisdiction to direct a state court to perform its duty"

Summary of this case from In re Wallace

dismissing § 2254 habeas petition as barred by the statute of limitations

Summary of this case from White v. Lumpkin

explaining that federal courts "lack jurisdiction to direct a state court to perform its duty"

Summary of this case from Robinson v. Nebraska

explaining that federal courts "lack [] jurisdiction to direct a state court to perform its duty"

Summary of this case from Stoppie v. Justices of Supreme Court of Pennsylvania
Case details for

White v. Ward

Case Details

Full title:RICKEY WHITE, Petitioner-Appellant v. RON J. WARD, Warden, ATTORNEY…

Court:United States Court of Appeals, Tenth Circuit

Date published: May 22, 1998

Citations

145 F.3d 1139 (10th Cir. 1998)

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