Teresa Waters v. State of Texas, et al, No. 18-20565 (5th Cir. 2019)
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Case: 18-20565 Document: 00514788355 Page: 1 Date Filed: 01/09/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-20565 Summary Calendar TERESA ANN WATERS, FILED January 9, 2019 Lyle W. Cayce Clerk Plaintiff - Appellant v. STATE OF TEXAS; TEXAS DEPARTMENT OF PUBLIC SAFETY; TEXAS DEPARTMENT OF STATE HEALTH SERVICES; STEVEN MCCRAW, Director; JOHN HELLERSTEDT, Medical Doctor, Defendants - Appellees Appeal from the United States District Court for the Southern District of Texas No. 4:17-CV-3569 Before JOLLY, COSTA, and HO, Circuit Judges. PER CURIAM:* Teresa Ann Waters, proceeding pro se and in forma pauperis, petitioned a federal district court for a writ of mandamus ordering Texas state officials to deregister her as a Tier I sex offender. The district court dismissed the petition for lack of jurisdiction because the federal district courts have not been granted 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 18-20565 Document: 00514788355 Page: 2 Date Filed: 01/09/2019 No. 18-20565 the power to directly issue writs of mandamus against state officials in the performance of their duties, where mandamus is the only relief sought. See Moye v. Clerk, DeKalb Cty. Superior Ct., 474 F.2d 1275, 1276 (5th Cir. 1973); 28 U.S.C. § 1361. Because the court below correctly concluded that it did not possess jurisdiction to issue such a writ to a state officer, the district court’s judgment dismissing the petition is AFFIRMED. 2
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