Hernandez v. Charlotte Correctional Institution

Filing 10

OPINION AND ORDER denying 1 Petitioner's Petition for Writ of Mandamus. The Clerk of the Court shall: (1) terminate any pending motions; (2) enter judgment accordingly; and (3) close this case. The Clerk of the Court shall send Petitioner a civil rights Complaint form. See Order for details. Signed by Judge John E. Steele on 11/17/2006. (ATZ)

Hernandez v. Charlotte Correctional Institution

Doc. 10

Case 2:06-cv-00608-JES-SPC

Document 10

Filed 11/17/2006

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Peter Hernandez, Petitioner, vs. Charlotte Correctional Institution Staff, Respondent. ___________________________________ Case No. 2:06-cv-608-FtM-29SPC

OPINION AND ORDER This matter comes before the Court upon review of Petitioner's Petition for Writ of Mandamus (Doc. #1), filed November 6, 2006, in the United States District Court for the Middle District of

Florida, Orlando Division, which was subsequently transferred to this Court. Petitioner alleges that an officer from Charlotte

Correctional Institution ("CCI") racially discriminated against Petitioner by issuing him a false disciplinary report. Petitioner

seeks mandamus relief, requesting that the Court direct CCI to: follow specific sections of the rules established by the Florida Department of Corrections, abide by Florida law, reverse the

disciplinary action, and restore Petitioner's jail record. (Doc. #1 Writs of mandamus have been abolished in federal practice pursuant to Federal Rule of Civil Procedure 81(b), although United States District Courts have jurisdiction in actions in the nature

Dockets.Justia.com

Case 2:06-cv-00608-JES-SPC

Document 10

Filed 11/17/2006

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of mandamus pursuant to 28 U.S.C. § 1361.

While federal courts

have jurisdiction over mandamus actions that seek to compel a federal official to perform a specific duty, 28 U.S.C. § 1361, federal courts have no general power to compel performance by a state official, or a private corporation in privity of contract with a state agency, where mandamus is the only relief sought. Russell v. Knight, 488 F.2d 96, 97 (5th Cir. 1973); Moye v. Clerk, DeKalb County Superior Court, 474 F.2d 1275 (5th Cir. 1973); Lamar v. 118th Judicial District Court of Texas, 440 F.2d 383 (5th Cir. 1971). Here, Petitioner requests that the Court compel performance by a state correctional claims facility. of his Further, to the extent rights,

Petitioner

violations

constitutional

Petitioner may initiate a new action by filing a civil rights complaint form pursuant to 42 U.S.C. § 1983. ACCORDINGLY, it is hereby ORDERED: 1. DENIED. 2. The Clerk of Court shall: (1) terminate any pending Petitioner's Petition for Writ of Mandamus (Doc. #1) is

motions; (2) enter judgment accordingly; (3) close this case.

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Case 2:06-cv-00608-JES-SPC

Document 10

Filed 11/17/2006

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3.

The Clerk of Court is further directed to send Petitioner

a civil rights Complaint form. DONE AND ORDERED in Fort Myers, Florida, on this of November, 2006. 17th day

SA: alj Copies: All Parties of Record

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