In Re: Dorothy P. Litzenberg, Petitioner, 74 F.3d 1232 (4th Cir. 1996)

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U.S. Court of Appeals for the Fourth Circuit - 74 F.3d 1232 (4th Cir. 1996)

Submitted Dec. 14, 1995. Decided Jan. 18, 1996

On Petition for Writ of Mandamus. (MISC-94-67)


Dorothy P. Litzenberg, Petitioner Pro Se.

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.


Dorothy Litzenberg filed this petition for writ of mandamus, continuing in her efforts to have a federal district court interfere in state-court administrative matters and criminal prosecutions. The district court is without authority to do either. Davis v. Lansing, 851 F.2d 72, 74 (2d Cir. 1988) (lower federal courts cannot compel action by state officials); Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969); cf. District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983) (lower federal courts cannot review state court judgments); United States v. Nixon, 418 U.S. 683, 693 (1974) (federal courts cannot compel prosecution except in narrowest circumstances). Therefore, this court cannot order such actions. Therefore, we deny Litzenberg in forma pauperis status and dismiss the petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.