Benson v. Allen Superior Court, No. 1:2011cv00295 - Document 2 (N.D. Ind. 2011)
Court Description: OPINION AND ORDER DENYING Writ of Mandamus and DISMISSING CASE. Signed by Chief Judge Philip P Simon on 9/23/11. (jcp)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION ERICK BENSON, ) ) ) ) ) ) ) ) ) Petitioner, v. ALLEN SUPERIOR COURT, Respondent. CAUSE NO. 1:11-CV-295 PS OPINION AND ORDER Erick Benson, a pro se prisoner, initiated this case by filing a document captioned, Writ of Mandamus in which he complains that he has been unable to obtain evidence or submit motions in his State criminal trial, that his appointed counsel is unresponsive, and that the State Court has refused to order his attorney to seek a suppression hearing. He asks this court to issue an order compelling the Allen Superior Court to apply the law. ECF 1 at 2. This court does not have the jurisdiction to issue such a writ against a state court. In re Campbell, 264 F.3d 730, 731 (7th Cir. 2001) ( [W]e cannot . . . use our power to control or interfere with state court litigation, thus exceeding our jurisdiction. ). For the foregoing reasons, the Writ is DENIED and this case is DISMISSED. SO ORDERED. ENTERED: September 23, 2011 s/ Philip P. Simon PHILIP P. SIMON, CHIEF JUDGE UNITED STATES DISTRICT COURT
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
