WATERS v. TEXAS (2019)

Teresa Ann Waters, proceeding pro se and in forma pauperis, petitioned a federal district court for a writ of mandamus ordering Texas state officials to deregister her as a Tier I sex offender. The district court dismissed the petition for lack of jurisdiction because the federal district courts have not been granted the power to directly issue writs of mandamus against state officials in the performance of their duties, where mandamus is the only relief sought. See Moye v. Clerk, DeKalb Cty. Superior Ct., 474 F.2d 1275, 1276 (5th Cir. 1973); 28 U.S.C. § 1361. Because the court below correctly concluded that it did not possess jurisdiction to issue such a writ to a state officer, the district court’s judgment dismissing the petition is AFFIRMED.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.