IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 16, 2009
No. 08-50828
Conference Calendar 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should not be published and is not precedent except under the limited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