United States Tenth Circuit

In a pro se action alleging that the Clerk of the United States Supreme Court had repeatedly and improperly withheld from Justice Stephen Breyer an application plaintiff submitted challenging the constitutionality of the Iraq War, dismissal of the action is affirmed where the district court lacked subject-matter jurisdiction to hear the complaint as the mandamus statute relied upon by plaintiff, 28 U.S.C. section 1361, does not apply to courts or to court clerks performing judicial functions.

Appellate Information

• Decided 01/05/2007
• Published 01/08/2007

Judges

• HARTZ, Circuit Judge., Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Byron L. Trackwell, Pro Se.


• For Appellees:
  
• Eric F. Melgren, United States Attorney, D. Brad Bailey, Assistant United States Attorney, District of Kansas, Topeka, KS, for Defendant-Appellee.