Billizone v. Louisiana State

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 . IT IS ORDERED that Petitioner's suit is Dismissed With Prejudice pursuant to 28 U.S.C.§1915(e)(2)(B)(i) and (ii). Signed by Judge Mary Ann Vial Lemmon on 3/30/2017.(ajn)

ERNEST BILLIZONE, SR.

VERSUS

STATE OF LOUISIANA

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

CIVIL ACTION

NUMBER: 17‐01000

SECTION: "S"(5)

ORDER

The Court, having considered the petition, the record, the applicable law, the
Magistrate Judge’s Report and Recommendation, and the Petitioner’s objections to the
Magistrate Judge’s Report and Recommendation, hereby approves the Magistrate Judge’s
Report and Recommendation, and adopts it as its opinion herein. The Petitioner seeks to
have this court issue a writ of mandamus directing the Supreme Court of Louisiana to act on
his petition for a writ of habeas corpus, which is pending before that court. As noted by the
United States Magistrate Judge, this court has no general mandamus power to direct state
courts in the performance of their duties when mandamus is the only relief sought. See Doc.
#5 (citing Santee v. Quinlan, 115 F.3d 355, 357 (5th Cir. 1997); Russell v. Knight, 488 F.2d 96
(5th Cir. 1973); Moye v. Clerk, DeKalb Cnty. Superior Court, 474 F.2d 1275 (5th Cir. 1973);
Lamar v. 118th Judicial District Court of Tex., 440 F.2d 383 (5th Cir. 1971); Haggard v. State
of Tenn., 421 F.2d 1384 (6th Cir. 1970).
Accordingly,
IT IS ORDERED that Petitioner’s suit is dismissed with prejudice pursuant to 28 U.S.C.
§1915(e)(2)(B)(i) and (ii).

New Orleans, Louisiana, this

day of

March

MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE

, 2017.