Jackson v. State of Texas, No. 08-50828 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-50828 Conference Calendar June 16, 2009 Charles R. Fulbruge III Clerk JOSEPH JORDAN JACKSON Petitioner-Appellant v. STATE OF TEXAS Respondent-Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 1:08-CV-33 Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Joseph Jordan Jackson appeals the dismissal of his pro se petition for writ of mandamus, which sought issuance of a stay in a probate case that was pending in the Texas court of appeals. The district court dismissed his suit as frivolous pursuant to 28 U.S.C. § 1915(e)(2), reasoning that federal courts lack the authority to issue a writ of mandamus to direct the performance of a state court. This court reviews the dismissal of a complaint as frivolous under * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-50828 § 1915(e)(2) for abuse of discretion. Berry v. Brady, 192 F.3d 504, 507 (5th Cir. 1999). Jackson does not brief any argument challenging the basis of the district court s decision. Jackson has thus waived any such challenge on appeal, see Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993), and has not shown that the district court s decision was an abuse of discretion. AFFIRMED. 2

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