Haywood v. State of Georgia

Filing 3

ORDER AND OPINION DISMISSING CASE AS FRIVOLOUS pursuant to 28 USC 1915A, granting 2 Affidavit to file in forma pauperis. Signed by Judge Thomas W. Thrash, Jr on 2/1/10. (dr)

IN THE UNITED STATES DISTRICT COURT FILED IN CH q MgE F FOR THE NORTHERN DISTRICT OF GEORG IATHO M A S W. THRA SH
ATLANTA DIVISION U . s . D. C. Atlanta

ERICA HAYWOOD, INMATE NO . 933519, Plaintiff,
V.

MANDAMUS 28 U .S .C . § 1361 CIVIL ACTION NO . 1 :10-CV-0039-T'WT

By ~

JAMES N . HATTEN, Cle r
A~

Deputy

STATE OF GEORGIA, Defendant .

ORDER AND OPINION Plaintiff, currently : confined at the Fulton County Jail, has submitted a pleading which the Clerk of the Court has construed as a 28 U .S .C . § 1361 petition for a writ of mandamus . . 1 .) As best as can be determined, Plaintiff asks (Doe
this Court to order a Texas state court to allow her to appeal a case concerning her children in federal court . (Id.)

Regardless of whether this action should be construed as a petition for a
writ of mandamus, the jurisdiction of this Court only encompasses the Northern District of Georgia . This Court has no authority over any court in Texas . This

action should, therefore, be dismissed .
IT IS ORDERED that the instant fro se petition for a writ of mandamus [Doc . 1] is DISMI SSED , pursuant to 28 U .S .C . § 1915A . For the purpose of

AO 72A (Rev .8/82)

dismissal only, Plaintiff's request for leave to file this action in forma vauperis

[Doc. 2] is GRANTED .

IT IS SO ORDERED, this , day of 12010 . ..~~ THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE

2

AO 72A ( Rev . 8182)