MCCLURE v. JONES et al

Filing 21

ORDER ADOPTING 12 Report and Recommendations and DENYING 6 Motion for Writ of Mandamus. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 11/7/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WILLIAM JEFFREY MCCLURE,
Plaintiff,
v.
Superintendent TIMOTHY JONES, et
al.,
Defendants.

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CIVIL ACTION NO. 5:16-CV-366 (MTT)

ORDER
Before the Court is the Order and Recommendation of Magistrate Judge Stephen
Hyles. (Doc. 12). The Magistrate Judge recommends denying the Plaintiff’s motion for
writ of mandamus (Doc. 6). The Plaintiff has not objected to the Recommendation.
The Court has reviewed the Recommendation, and the Court accepts and adopts
the findings, conclusions, and recommendations of the Magistrate Judge. 1 The

1

The Recommendation points out that this Court lacks mandamus authority over the state
officials the Plaintiff sued. (Doc. 12, at 2). In support, the Recommendation cites Moye v.
Clerk, DeKalb Cty. Super. Ct., 474 F.2d 1275 (5th Cir. 1973). (In Bonner v. City of
Prichard, the Eleventh Circuit adopted as binding precedent all Fifth Circuit decisions
delivered on or before September 30, 1981. 661 F.2d 1206, 1209 (11th Cir. 1981).) In
Moye, the Eleventh Circuit held that federal district courts lack “the 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.” 474 F.2d at 1276. (emphasis
added). The text of the mandamus statute, however, makes clear that a district court also
lacks mandamus authority over non-judicial state officials. See 28 U.S.C. § 1361

(extending district courts’ mandamus jurisdiction only to “an officer or employee of the
United States or any agency thereof”). Further, district courts have applied Moye’s holding
to non-judicial state officials. See, e.g., Church of Scientology of Ga., Inc. v. City of Sandy

Recommendation is ADOPTED and made the order of this Court. Accordingly, the
Plaintiff’s motion for writ of mandamus (Doc. 6) is DENIED.
SO ORDERED, this 7th day of November, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

Springs, 843 F. Supp. 2d 1328, 1380 (N.D. Ga. 2012) (“Federal district courts do not have
the authority to issue writs of mandamus to direct state officials in the performance of their
duties.”).
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