Ruben Vela, Sr. v. Lorie Davis , 713 F. App'x 382 ( 2018 )

Case: 17-50359 Document: 00514369620 Page: 1 Date Filed: 03/01/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-50359
Fifth Circuit
FILED
Summary Calendar March 1, 2018
Lyle W. Cayce
RUBEN VELA, SR., Clerk
Plaintiff-Appellant
v.
LORIE DAVIS,
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:17-CV-83
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
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.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-50359 Document: 00514369620 Page: 2 Date Filed: 03/01/2018
No. 17-50359
“[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.
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