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Lamar v. 118th Judicial Dist. Court of Texas

United States Court of Appeals, Fifth Circuit
Apr 1, 1971
440 F.2d 383 (5th Cir. 1971)

Summary

concluding that federal courts have no general power to issue writs of mandamus to compel state judicial officers to perform their duties

Summary of this case from Critten v. Yates

Opinion

No. 31084 Summary Calendar.

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

April 1, 1971.

Allen L. Lamar, pro se.

Crawford C. Martin, Atty. Gen. of Texas, Larry J. Craddock, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.



Appellant filed a petition in the district court for a writ of mandamus directing the 118th Judicial District Court of Texas to grant him "access to state pleadings and testimony" and to act upon his petition for the writ of habeas corpus pending in that court. The district court dismissed the petition and we affirm.

The district court, 318 F. Supp. 285, found appellant's allegations to be vague and conclusory. Rule 12, Fed.R.Civ.P. We agree. Appellant failed to allege facts on which to base relief, and failed to state exactly what relief he desired.

Further, federal courts have no 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. Haggard v. Tennessee, 6th Cir. 1970, 421 F.2d 1384; Clark v. Washington, 9th Cir. 1966, 366 F.2d 678; Rines v. Pennsylvania, E.D.Pa. 1968, 285 F. Supp. 391. The judgment below is affirmed.

Affirmed.


Summaries of

Lamar v. 118th Judicial Dist. Court of Texas

United States Court of Appeals, Fifth Circuit
Apr 1, 1971
440 F.2d 383 (5th Cir. 1971)

concluding that federal courts have no general power to issue writs of mandamus to compel state judicial officers to perform their duties

Summary of this case from Critten v. Yates

affirming dismissal of action requesting district court to order state court to act upon plaintiff's petition for writ of habeas corpus and holding that "federal courts have no general power to issue writs of mandamus to direct state courts and their judicial officers in the performance of their duties"

Summary of this case from LOCKETT v. FIFTH DIST. COURT OF APPEAL FOR ST. OF FLA
Case details for

Lamar v. 118th Judicial Dist. Court of Texas

Case Details

Full title:Allen L. LAMAR, Petitioner-Appellant, v. 118TH JUDICIAL DISTRICT COURT OF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 1, 1971

Citations

440 F.2d 383 (5th Cir. 1971)

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