Evans v. Supreme Court of NY
Evans v. Supreme Court of NY
Opinion
Case: 24-50465 Document: 45-1 Page: 1 Date Filed: 10/30/2024
United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 24-50465 October 30, 2024 Summary Calendar Lyle W. Cayce ____________ Clerk Treniss J. Evans, Plaintiff—Appellant, versus Supreme Court of New York, Trial Division, Criminal Term, for the City of Manhattan, New York, Attn: Honorable Ellen N. Biben, Administrative Judge; Alvin Bragg, District Attorney for Manhattan, New York, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 5:24-CV-480 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges.
Per Curiam:* Treniss J. Evans appeals the district court’s dismissal of his petition for writ of prohibition. In the petition, Evans sought to stay the prosecution of former President Donald Trump in New York state court. Contrary to Evans’s assertions, the district court correctly determined that it lacked _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-50465 Document: 45-1 Page: 2 Date Filed: 10/30/2024
No. 24-50465
authority to issue a writ in these circumstances. See Moye v. Clerk, DeKalb Cnty. Super. Ct., 474 F.2d 1275, 1276 (5th Cir. 1973).
The district court’s judgment is AFFIRMED. Evans’s motion to expedite the appeal is DENIED.
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