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RENDERED: MARCH 26, 2010; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals
NO. 2008-CA-002024-MR WINSTON BRISCOE APPELLANT

v.

APPEAL FROM FAYETTE CIRCUIT COURT HONORABLE ERNESTO M. SCORSONE, JUDGE ACTION NO. 08-CI-04789

LARRY ROBERTS, FAYETTE COUNTY ATTORNEY AND WILMA F. LYNCH, FAYETTE CIRCUIT COURT CLERK

APPELLEES

OPINION AFFIRMING ** ** ** ** ** BEFORE: ACREE AND TAYLOR, JUDGES; BUCKINGHAM,1 SENIOR JUDGE. TAYLOR, JUDGE: Winston Briscoe brings this pro se appeal from an October 8, 2008, order of the Fayette Circuit Court denying Briscoe's petition for writ of mandamus. We affirm.
1

Senior Judge David C. Buckingham sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes 21.580.

Briscoe was an inmate at the Fayette County Detention Center when he was charged with the offense of the first-degree sodomy allegedly committed against another inmate, Jaime Price. Briscoe was convicted of said offense and sentenced to twenty-years' imprisonment. Briscoe then filed a pro se writ of mandamus in the Fayette Circuit Court. Therein, Briscoe sought to compel Fayette County Attorney, Larry Roberts, and Fayette Circuit Court Clerk, Wilma Lynch, to issue warrants of arrest for Sharon Dean and Doris Zirbes, who were apparently guards at the Detention Center. Briscoe alleged that Dean and Zirbes allowed Briscoe and Price to have consensual sex while in custody and are "guilty of Complicity

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