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Benson v. Allen Superior Court

United States District Court, N.D. Indiana, Fort Wayne Division
Sep 23, 2011
CAUSE NO. 1:11-CV-295 PS (N.D. Ind. Sep. 23, 2011)

Opinion

CAUSE NO. 1:11-CV-295 PS.

September 23, 2011


OPINION AND ORDER


Erick Benson, a pro se prisoner, initiated this case by filing a document captioned, "Writ of Mandamus" in which he complains that he has been unable to obtain evidence or submit motions in his State criminal trial, that his appointed counsel is unresponsive, and that the State Court has refused to order his attorney to seek a suppression hearing. He asks this court to issue an order compelling the Allen Superior Court to "apply the law." ECF 1 at 2.

This court does not have the jurisdiction to issue such a writ against a state court. In re Campbell, 264 F.3d 730, 731 (7th Cir. 2001) ("[W]e cannot . . . use our power to control or interfere with state court litigation, thus exceeding our jurisdiction."). For the foregoing reasons, the Writ is DENIED and this case is DISMISSED.

SO ORDERED.


Summaries of

Benson v. Allen Superior Court

United States District Court, N.D. Indiana, Fort Wayne Division
Sep 23, 2011
CAUSE NO. 1:11-CV-295 PS (N.D. Ind. Sep. 23, 2011)
Case details for

Benson v. Allen Superior Court

Case Details

Full title:ERICK BENSON, Petitioner, v. ALLEN SUPERIOR COURT, Respondent

Court:United States District Court, N.D. Indiana, Fort Wayne Division

Date published: Sep 23, 2011

Citations

CAUSE NO. 1:11-CV-295 PS (N.D. Ind. Sep. 23, 2011)