Case: 10-40969 Document: 00511495845 Page: 1 Date Filed: 06/02/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 2, 2011
No. 10-40969
Summary Calendar Lyle W. Cayce
Clerk
CHARLES ELLIS SHIRLEY,
Petitioner - Appellant
v.
CAPTAIN M. STARKEY,
Respondent - Appellee
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:10-CV-364
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Proceeding pro se and in forma pauperis, Charles Ellis Shirley appeals the
dismissal of his petition for writ of mandamus, in which he sought the district
court to direct a Sheriff’s Department to make available and execute certain
legal materials and supplies. The district court dismissed the petition as
frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), reasoning that federal courts
lack the authority to issue a writ of mandamus to direct the performance of a
state or county actor or agency.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40969 Document: 00511495845 Page: 2 Date Filed: 06/02/2011
No. 10-40969
Shirley does not brief any contention challenging the basis of the district
court’s decision. He has, therefore, waived that issue on appeal. See, e.g., Yohey
v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
AFFIRMED.
2