VELA v. DAVIS (2018)

Ruben Vela, Sr., Texas prisoner # 1582906, appeals the dismissal by the district court of his 28 U.S.C. § 2254 habeas application for lack of jurisdiction. Vela argues that the district court erroneously construed his § 2254 application as a writ of mandamus and urges that the state court has refused him access to courts by not providing him a copy of the record.

“[A] federal court lacks the general power 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.” Moye v. Clerk, DeKalb Cnty. Superior Court, 474 F.2d 1275, 1276 (5th Cir. 1973). Because Vela asked the district court to order the state court to provide a copy of the record, the district court correctly construed the application as a writ of mandamus and dismissed it for lack of jurisdiction. See id.

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.