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HARRIS v. CITY AND COUNTY OF SAN FRANCISCO

United States District Court, Northern District of California


February 3, 2003

ARTHUR HARRIS, PETITIONER,
v.
CITY AND COUNTY OF SAN FRANCISCO, RESPONDENT.

The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge.

ORDER OF DISMISSAL (Docket No. 3)
Petitioner, an inmate at San Francisco County Jail, filed in federal district court the above-titled action, which consists of a document captioned "Petitioner [sic] for Writ of Mandate/Prohibition". The document, however, is headed "California Court of Appeals, First Appellate District Div. One." From the title of the court in which the action purports to have been filed and the content of the filing, it appears that petitioner intended to direct this petition to the state appellate court rather than the federal district court.

In any event, this Court cannot grant the relief petitioner seeks. Petitioner alleges that his current prosecution in the state courts is unlawful and seeks a writ of mandate enjoining state court officials from continuing with the prosecution. Federal district courts are without power to issue mandamus to direct state courts, state judicial officers, or other state officials in the performance of their duties. A petition for a writ of mandamus to compel a state court or official to take or refrain from some action is frivolous as a matter of law. See Demos v. U.S. District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991). Thus, to whatever extent petitioner seeks relief in federal district court, it is not available to him.

Accordingly, this action is hereby DISMISSED.

In light of this dismissal, the application to proceed in forma pauperis is DENIED and no fee is due.

This order terminates docket number 3 and any other pending motions.

The clerk shall close the file.

IT IS SO ORDERED.

JUDGMENT IN A CIVIL CASE

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED this action is DISMISSED. The application to proceed in forma pauperis is DENIED and no fee is due. All pending motions are TERMINATED.

20030203

© 1992-2003 VersusLaw Inc.



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