Shirley v. Starkey

Full title: Charles Ellis SHIRLEY, Petitioner-Appellant v. Captain M. STARKEY…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 2, 2011

427 F. App'x 305 (5th Cir. 2011)

Opinion

No. 10-40969 Summary Calendar.

June 2, 2011.

Charles Ellis Shirley, Lubbock, TX, pro se.

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 6:10-CV-364.

Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Proceeding pro se and in forma pauperis, Charles Ellis Shirley appeals the dismissal of his petition for writ of mandamus, in which he sought the district court to direct a Sheriff's 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.