David Diaz v. United States District Court for the Middle District of Florida, Fort Myers Division

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

DAVID DIAZ,

Petitioner,

v. Case No.: 2:26-cv-2032-SPC-NPM

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION,

Respondent. / OPINION AND ORDER Before the Court is Plaintiff David Diaz’s Petition for a Writ of Mandamus (Doc. 1). Diaz is a prisoner of the Florida Department of Corrections. He seeks mandamus relief relating his prior federal habeas action, Diaz v. Sec’y, Dep’t of Corr., M.D. Fla. 2:18-cv-732-JLB-NPM. U.S. District Judge John Badalamenti denied Diaz’s habeas petition in 2022. Diaz filed three post-judgment motions over the past year, and Judge Badalamenti denied them all. Diaz now asks the Court to enter a writ of mandamus directing Judge Badalamenti to vacate three orders and grant the post- judgment relief he requested. A writ of mandamus is an extraordinary remedy that is only appropriate when there is no other adequate remedy. In re BayCare Medical Group, Inc., 101 F.4th 1287, 1290 (11th Cir. 2024). Mandamus is not appropriate here because Diaz has an adequate means to challenge Judge Badalamenti’s decisions—appeal to the Eleventh Circuit. See also Roofing & Sheet Metal Services v. La Quinta Motor Inns, Inc., 689 F.2d 982, 988 (11th Cir. 1982) (“a district court cannot perform an appellate function by directly reviewing the decisions of another district court’). Accordingly, this action is DISMISSED for failure to state a claim. The Clerk is DIRECTED to terminate any pending deadlines, enter judgment, and close this case. DONE and ORDERED in Fort Myers, Florida on June 23, 2026.

UNITED STATES DISTRICT JUDGE

SA: FTMP-1 Copies: All Parties of Record