Jamie N. Moye v. Clerk, Dekalb County Superior Court
Jamie N. MOYE, Petitioner-Appellant, v. CLERK, DeKALB COUNTY SUPERIOR COURT, Respondent-Appellee
Opinion
PER CURIAM:
Jamie N. Moye, a prisoner of the State of Georgia, filed a pro se petition in the Northern District of Georgia requesting the court to compel the clerk of the DeKalb County Superior Coprt to comply with his request for production of the transcript and other documents relating to his state conviction. He. alleged a need for them as a basic tool necessary for the preparation of his state appeal process.
The district court, construing the request as a petition for a writ of mandamus, summarily dismissed it for failure to exhaust state remedies.
On appeal Moye alleges that he made numerous motions to the state court seeking production but has received no ruling thereon. The respondent herein has failed to file a brief.
Although the writ of mandamus was abolished by Fed.R.Civ.P. 81(b), federal courts may issue all writs neces *1276 sary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law, 28 U.S. C. § 1651. But a federal court lacks the general power to issue writs of mandamus to direct state courts and their judicial officers in the performance oí their duties where mandamus is the only relief sought. Lamar v. 118th Judicial District Court of Texas, 440 F.2d 383 (5th Cir., 1971); Haggard v. Tennessee, 421 F.2d 1384 (6th Cir., 1970).
Since the present request sought only mandamus relief, it was properly denied.
The judgment of the district court is affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 20 in all; the most informative distinct ones are shown.
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(holding that district court properly construed motion to direct state court activities as petition for writ of mandamus)
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(holding that federal courts lack the power to issue writs compelling action by state officials in the performance of their duties)
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(confirming that a prisoner’s petition requesting the district court to direct state court activities was in fact a petition for a writ of mandamus that had been properly denied)
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(mandamus directed at state judicial officials)
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