ALLEN L. LAMAR, PETITIONER-APPELLANT,
v.
118TH JUDICIAL DISTRICT COURT OF TEXAS, RESPONDENT-APPELLEE
ALLEN L. LAMAR, PETITIONER-APPELLANT,
118TH JUDICIAL DISTRICT COURT OF TEXAS, RESPONDENT-APPELLEE
440 F.2d 383
Court of Appeals for the Fifth Circuit (1971)
Caution
Cited by 22 cases
Opinion of the Court
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. 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
-
Anderson v. Beto, 469 F.2d 1076 (5th Cir. 1972)
-
Moye v. Clerk, DeKALB Cnty. Superior Court, 474 F.2d 1275 (5th Cir. 1973)
-
Russell v. Honorable Judge Lamar Knight, 488 F.2d 96 (5th Cir. 1973)
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Clark v. State OF Wash., 366 F.2d 678 (9th Cir. 1966)
- Haggard v. State OF Tenn. & Honorable Joseph D. Duncan, 421 F.2d 1384 (6th Cir. 1970)