Green v. The State Of Texas

Filing 4

ORDER OF DISMISSAL WITHOUT PREJUDICE. This petition seeking mandamus is DISMISSED without prejudice for lack of jurisdiction. All pending motions, if any, are DENIED. The Clerk will send copies of this Order to all parties of record.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JAMES EDWARD GREEN,
SPN 004932231,
Petitioner,
VS.
THE STATE OF TEXAS,

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April 13, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. H-18-686

Respondent.
ORDER OF DISMISSAL WITHOUT PREJUDICE
At the time petitioner James Edward Green filed this “Application for Writ of
Mandamus,” he was confined at the Harris County Jail. See Docket Entry No. 1. The Court
concludes that this case must be dismissed for lack of jurisdiction, FED. R. CIV. P. 12(h)(3).
“Federal courts have no authority ‘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.’” Conner v. Texas Court of Criminal Appeals, 481 F. App’x 952, 2012 WL 3032319, at
*1 (5th Cir. Jul. 26, 2012) (unpublished op.) (quoting Moye v. Clerk, Dekalb County Superior
Court, 474 F.2d 1275, 1276 (5th Cir. 1973)). It is unclear why Green seeks a writ of mandamus
in this case, as he pleads no facts to indicate what relief he seeks from the state court trial judge.
In any event, this Court lacks jurisdiction to direct the state courts in the performance of their
duties. See id. Accordingly, Green’s petition for a writ of mandamus must be dismissed without
prejudice for lack of jurisdiction.
Accordingly, the Court ORDERS as follows:
1. This petition seeking mandamus is DISMISSED without prejudice for lack of
jurisdiction.
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2. All pending motions, if any, are DENIED.
The Clerk will send copies of this Order to all parties of record.
SIGNED at Houston, Texas, this 12th day of April, 2018.
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MELINDA HARMON
UNITED STATES DISTRICT JUDGE

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