Opinion
CIVIL ACTION NO.: 7:10-CV-147 (HL).
December 16, 2010
ORDER
Petitioner JEROME BARTHELL, an inmate at the Decatur County Correctional Institute in Bainbridge, Georgia, has filed a pro se Petition for Writ of Mandamus. Petitioner has not paid the required $350.00 filing fee. The Court, therefore, assumes that petitioner desires to proceed in forma pauperis and will allow him to do so for purposes of this dismissal alone.
I. STANDARD OF REVIEW
II. STATEMENT AND ANALYSIS OF PETITIONER'S CLAIM
28 U.S.C. § 1915A Neitzke v. Williams, 490 U.S. 319325 Scheuer v. Rhodes, 416 U.S. 232 pro se
Federal mandamus is available only "to compel an officer or employee of the United States . . . to perform a duty owed to the petitioner." 28 U.S.C. § 1361. Actions in the nature of mandamus to direct state or local officials in the performance of their duties are not within the jurisdiction of the United States District Courts under 28 U.S.C. § 1361. See Ferguson v. Alabama Crim. Justice Info. Ctr., 962 F. Supp. 1446 (M. D. Ala. 1997); Noe v. Metropolitan Atlanta Rapid Transit Auth., 485 F. Supp. 501 (N.D. Ga. 1980), aff'd, 644 F.2d 434 (11th Cir.). Therefore, this Court has no authority to compel the Clerk of the Superior Court of Tift County or the Tift County District Attorney to provide him with documentation concerning his criminal case. Petitioner should file a mandamus action in the appropriate state court.
Petitioner's Petition for Writ of Mandamus is DISMISSED pursuant to 28 U.S.C. § 1915A.
SO ORDERED, this 16th day of December, 2010.