Opinion · Court of Appeals for the Fifth Circuit
Watson v. Henderson
Watson v. Henderson, 493 F.2d 912 (5th Cir. 1974)
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1974-05-06
- Topic
- general
PER CURIAM: This appeal comes from an order of the district court denying the mandamus petition filed against District Judge Albert J. Henderson by a Georgia state prisoner. We affirm. *913Appellant had previously filed Civil Action No. 16821 for monetary damages in the court below claiming that he had not been furnished a complete trial transcript. Judge Henderson, to whom the case was allotted, granted a defense motion for summary judgment. Subsequently appellant filed his petition for a writ of mandamus to direct Judge Henderson to show cause why he had dismissed appellant’s petition in no. 16821.
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- Cited by
- 5 opinions
John W. Stokes, Jr., U.S. Atty., Anthony M. Arnold, Asst. U.S. Atty., Atlanta, Ga., for respondent-appellee.
[2] Appellant had previously filed Civil Action No. 16821 for monetary damages in the court below claiming that he had not been furnished a complete trial transcript. Judge Henderson, to whom the case was allotted, granted a defense motion for summary judgment. Subsequently appellant filed his petition for a writ of mandamus to direct Judge Henderson to show cause why he had dismissed appellant's petition in no. 16821. Appellant alleged that Judge Henderson was prejudiced against him; that a judgment had never been rendered on the original complaint, but only on a motion to amend the complaint; that the reasons for granting summary judgment were erroneous; and that because he had never received a copy of a final judgment, he was prevented from appealing. The district court dismissed the mandamus petition.
[3] The record before us includes a copy of the record in case no. 16821 which contains appellant's notice of appeal and application for a certificate of probable cause. In those documents, filed within 30 days of judgment, appellant referred to the "final order of denial" and "the order of dismissed [sic] with prejudice." These documents clearly refute appellant's contentions that his complaint had never been ruled upon and that he had not received a copy of the order, which had prevented him from appealing. Furthermore, a reading of the order of dismissal in no. 16821 shows that it clearly disposes of that case on its merits. The mandamus petition was patently lacking in good faith.
[4] Also, as the district court found, it is not the function of a district judge to consider errors allegedly committed by another district judge in the performance of his duties.28 U.S.C. § 1291. We perceive no error in the judgment below and accordingly the judgment below is affirmed.
[5] Affirmed.
- Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970,431 F.2d 409, Part I. ↩