Cadogan v. Roberts et al

Filing 7

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 2/27/2013. 3 MOTION for Leave to Proceed in forma pauperis GRANTED; matter DISMISSED for want of jurisdiction. (cc: all counsel, via US mail to Donovan Cadogan at Columbia Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

STATE EX REL. DONOVAN L. CADOGAN,
Petitioner,
-vs-

Case No. 12-C-1236

GRACE ROBERTS, GARY HAMBLIN,
Respondents.

DECISION AND ORDER
The petitioner, Donovan L. Cadogan, requests a writ of mandamus ordering the respondents
to cease charging the $100.00 sex offender registration fee, and to refund any and all such funds
previously collected, pursuant to Judge Griesbach’s decision in Doe v. Raemisch, — F. Supp. 2d —,
2012 WL 3775962 (E.D. Wis. Aug. 28, 2012). Federal district courts do not have the authority to
issue writs of mandamus directing state officials in the performance of their duties. Church of
Scientology of Georgia, Inc. v. City of Sandy Springs, Ga., 843 F. Supp. 2d 1328, 1380 (N.D. Ga.
2012); Harris v. Dep’t of Corrections, 426 F. Supp. 350, 351-52 (W.D. Okla. 1977).
Therefore, Cadogan’s motion to proceed in forma pauperis [ECF No. 3] is GRANTED, but
this matter is DISMISSED for want of jurisdiction.
Dated at Milwaukee, Wisconsin, this 27th day of February, 2013.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge