Opinion
Case No. 6:09-cv-1740-Orl-35KRS.
November 9, 2009
ORDER
Petitioner initiated this action by filing a pleading entitled "Writ of Prohibition" (Doc. No. 1). Since it appeared that Petitioner was actually seeking habeas corpus relief pursuant to 28 U.S.C. § 2254, the Court entered an Order requiring Petitioner to refile his petition on the appropriate form (Doc. No. 3). Petitioner then filed a response/motion to clarify (Doc. No. 5) stating that, indeed, he was seeking a writ of prohibition, not federal habeas relief.
Petitioner requests this Court to "force the [Florida Fifth District Court of Appeal] to withdraw its P.C.A. of [the denial] of Petitioner's post conviction [motion]. . . ." (Doc. No. 3 at 1.) Generally, a writ of prohibition is "used by appellate courts to exert their revisory powers over inferior courts, but is not an appropriate remedy to control the jurisdiction of other, nonsubordinate courts." Gevedon v. Attorney General, 2003 WL 21295032, at *1 (N.D. Tex. May 30, 2003) (citations omitted) (internal quotations omitted); see also Olivier-Ward v. Blackwell, 1997 WL 669962, at *1 (9th Cir. October 27, 1997) (holding that "[a] writ of prohibition is not a means for invalidating the judgment of a non-subordinate court such as a state court, but rather is a means of confining or compelling the exercise of jurisdiction of an `inferior court' such as a lower federal court.") A Florida state court is not "inferior" to a federal district court. Consequently, Petitioner is not entitled to relief by way of prohibition.
Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1. The Petition for Writ of Prohibition (Doc. No. 1) filed by Torrance L. Jenkins is DENIED, and this case is DISMISSED.
2. The Clerk of the Court and is directed to close this case.
3. Any pending motions are denied as moot.
DONE AND ORDERED in Orlando, Florida.