Benson v. Allen Superior Court

Filing 2

OPINION AND ORDER DENYING Writ of Mandamus and DISMISSING CASE. Signed by Chief Judge Philip P Simon on 9/23/11. (jcp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
ERICK BENSON,

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Petitioner,
v.
ALLEN SUPERIOR COURT,
Respondent.

CAUSE NO. 1:11-CV-295 PS

OPINION AND ORDER
Erick Benson, a pro se prisoner, initiated this case by filing a document captioned, “Writ
of Mandamus” in which he complains that he has been unable to obtain evidence or submit
motions in his State criminal trial, that his appointed counsel is unresponsive, and that the State
Court has refused to order his attorney to seek a suppression hearing. He asks this court to issue
an order compelling the Allen Superior Court to “apply the law.” ECF 1 at 2.
This court does not have the jurisdiction to issue such a writ against a state court. In re
Campbell, 264 F.3d 730, 731 (7th Cir. 2001) (“[W]e cannot . . . use our power to control or
interfere with state court litigation, thus exceeding our jurisdiction.”). For the foregoing reasons,
the Writ is DENIED and this case is DISMISSED.
SO ORDERED.
ENTERED: September 23, 2011
s/ Philip P. Simon
PHILIP P. SIMON, CHIEF JUDGE
UNITED STATES DISTRICT COURT