KORNHAUSER v. SUPREME COURT, CIVIL BRANCH, COUNTY OF NEW YORK (MANHATTAN)

Filing 6

OPINION FILED. Signed by Judge Robert B. Kugler on 7/11/16. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
JULIUS KORNHAUSER,
:
:
Petitioner,
:
Civ. No. 16-2026 (RBK)
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v.
:
:
SUPREME COURT, CIVIL BRANCH, COUNTY :
OPINION
OF NEW YORK (MANHATTAN),
:
:
Respondent.
:
_________________________________________ :
ROBERT B. KUGLER, U.S.D.J.
Petitioner is a federal prisoner currently incarcerated at F.C.I. Fort Dix in Fort Dix, New
Jersey. Petitioner was previously granted in forma pauperis status. He is proceeding pro se with
a petition for writ of mandamus. Petitioner requests that:
This Court issue an order directing that respondent, immediately,
respond to his motion requesting relief from family court’s “order
of dismissal and finding of fact,” submitted to respondent on
September 9, 2015, and November 30, 2015.
(Dkt. No. 1 at p. 1)
At this time, this Court will screen the petition pursuant to 28 U.S.C. § 1915(e)(2)(B) to
determine whether it should be dismissed as frivolous or malicious, for failing to state a claim
upon which relief may be granted or because it seeks monetary relief from a defendant who is
immune from suit. For the following reasons, the petition for writ of mandamus will be
summarily dismissed.
Under 28 U.S.C. § 1361, a district court has “jurisdiction over a mandamus action to
compel an employee of the United States to perform a duty owed to the plaintiff.” Taylor v.
Hayman, 435 F. App’x 62, 63 (3d Cir. 2011). In this case, however, petitioner seeks an order to

compel state officials to perform an act. Such an order would not fall within this Court’s
mandamus jurisdiction. See id.; see also In re Brown, 382 F. App’x 150, 150-51 (3d Cir. 2010)
(“[T]o the extent that Brown seeks an order directing state courts or state officials to take action,
the request lies outside the bounds of our mandamus jurisdiction as a federal court.”) (citing In re
Tennant, 359 F.3d 523, 531 (D.C. Cir. 2004)). Petitioner should seek relief in the state courts.
Accordingly, for the foregoing reasons, the petition for writ of mandamus will be
summarily dismissed. An appropriate order will be entered.

DATED: July 11, 2016

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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