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Uzomba v. Cobb County Magistrate Court

Mandamus is not an available remedy to compel a magistrate judge to perform a discretionary act in the absence of a showing of gross abuse of discretion.

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Appellant Kennedy Uzomba submitted a warrant application alleging that Henry Brock-Bey punched him in the neck. Magistrate Judge Herschel Hamlen heard testimony at the application hearing from the reporting officer and an eyewitness but refused to issue a warrant, citing serious questions concerning the veracity of the accuser. Appellant thereafter filed a petition for mandamus in Cobb County Superior Court alleging that the magistrate judge abused his discretion in refusing to issue the warrant. After a hearing, the superior court dismissed the petition for writ of mandamus. For the reasons that follow, we affirm. 1. In Chisholm v. Cofer , 264 Ga. 512 448 SE2d 369 1994, we held that a magistrate judge has discretion to determine whether or not probable cause exists for the issuance of an arrest warrant and that mandamus will not lie to compel the magistrate judge to perform this discretionary act unless a gross abuse of discretion has been shown. No abuse of discretion having been shown, it was not error to dismiss the petition.

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