David Roberto Alvarez, Petitioner-appellant, v. United States of America, and United States District Courtof Miami, Florida, Respondents-appellees, 465 F.2d 373 (5th Cir. 1972)

This is an appeal from the denial by the District Court of appellant's petition styled "Petition for Mandamus: Change of Venue," etc. Appellant complains of lack of due process and the existence of a criminal conspiracy behind certain procedures used in the United States District Court for the Southern District of Florida in transferring to the same judge repeated post-conviction motions of a petitioner. Appellant has been before the same judge five times seeking post-conviction relief. The procedure used in the district is governed by its Local Rule 6, the pertinent part of which is set out in the margin.¹ 

There is no merit to appellant's contention. As the District Court observed, "In these days of crowded dockets, judicial economy compels the use of any knowledge of the facts or other expertise which a judge may have acquired in his prior contacts with a litigant." The promulgation of Local Rule 6 is a proper exercise of the local rule-making authority of district courts, and conforms with the legislative mandates relative to post-conviction remedies, such as the requirement in Section 2255 cases that the petitioner's motion be made to the court which imposed the sentence.

Affirmed.