U.S. Court of Appeals for the Fifth Circuit, 2011

Charles Shirley v. M. Starkey

Charles Shirley v. M. Starkey
U.S. Court of Appeals for the Fifth Circuit · Decided June 2, 2011 · Wiener, Barksdale, Benavides
427 F. App'x 305

Charles Shirley v. M. Starkey

Opinion

PER CURIAM: *

Proceeding pro se and in forma pan,per-is, Charles Ellis Shirley appeals the dismissal of his petition for writ of mandamus, in which he sought the district court to direct a Sheriffs Department to make available and execute certain legal materials and supplies. The district court dismissed the petition as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), reasoning that federal courts lack the authority to issue a writ of mandamus to direct the performance of a state or county actor or agency.

Shirley does not brief any contention challenging the basis of the district court’s decision. He has, therefore, waived that issue on appeal. See, e.g., Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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