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

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 1, 1971

Docket31084

StatusPublished

Cited by1 cases

This text of 440 F.2d 383 (Allen L. Lamar v. 118th Judicial District Court of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

Pincite

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.

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