Allen L. Lamar v. 118th Judicial District Court of Texas

Fifth Circuit

Allen L. Lamar v. 118th Judicial District Court of Texas

440 F.2d 383, 1971 U.S. App. LEXIS 10982

Court of Appeals for the Fifth Circuit·Decided April 1, 1971·No. 31084·Published·Cited by 1 cases

Opinion

PER CURIAM:

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.

*384 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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

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.

*384 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.

Allen L. Lamar v. 118th Judicial District Court of Texas, 440 F.2d 383, 1971 U.S. App. LEXIS 10982 (5th Cir. 1971).

Pincite

440 F.2d 383 (Allen L. Lamar v. 118th Judicial District Court of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related