PUGH v. MURRAY et al

Filing 9

ORDER DENYING 8 Motion for Refund. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 3/27/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
GERARD PUGH,

:
:
Petitioner,
:
:
VS.
:
:
Chairperson ALBERT MURRAY, et al., :
:
Respondents.
:
________________________________

NO. 5:14-CV-91 (MTT)

ORDER

By Order dated March 18, 2014, the Court dismissed Petitioner GERARD
PUGH’S 28 U.S.C. § 2254 habeas action (Doc. 6). Petitioner has now filed a “Motion for
Refund,” in which he asks this Court to order the Superior Court of Tattnall County to
reimburse Petitioner $207 he paid that court in connection with a state mandamus action
(Doc. 7).
As the Court has dismissed Petitioner’s habeas filing, the instant action is now
closed. Moreover, the relief Petitioner seeks is in the nature of mandamus. Mandamus
is an extraordinary remedy that should be used only in exceptional circumstances not
present here. Kerr v. United States District Court, 426 U.S. 394, 402 (1976);
Jackson v. Motel 6 Multipurpose, Inc., 130 F.3d 999, 1004 (11th Cir. 1997). Further,
this Court has no power to issue a writ of mandamus to “direct state courts and their
judicial officers in the performance of their duties where mandamus is the only relief
sought.” Moye v. Clerk, DeKalb County Superior Court, 474 F.2d 1275, 1275-76 (5th
Cir.1973).

Accordingly, Petitioner’s motion is DENIED.

SO ORDERED, this 27th day of March, 2014.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
cr