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TYSON v. MINER

United States District Court, N.D. California


September 22, 2004.

TIMMY RAY TYSON, Petitioner,
v.
HENRIETTA MINER, Respondent.

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER OF DISMISSAL

Petitioner, a California prisoner proceeding pro se, filed the above-titled petition for "a writ of mandate." In this petition, he requests that the Court compel the Supreme Court of California and various Supreme Court personnel to comply with the "mailbox rule" in ascertaining the filing date of various filings by petitioner in that court. 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); Clark v. Washington, 366 F.2d 678, 681 (9th Cir. 1966); see also In re Campbell, 264 F.3d 730, 731-32 (7th Cir. 2001) (denying petition for writ of mandamus by which petitioner sought order directing state trial court to provide petitioner access to certain trial transcripts for purposes of preparing state post-conviction petition).

Accordingly, the instant petition for a writ of mandate is hereby DISMISSED as frivolous.

  All pending motions are terminated an the Clerk shall close the file.

  IT IS SO ORDERED. JUDGMENT IN A CIVIL CASE

  [] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

  [X] 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 the instant petition for a writ of mandate is hereby DISMISSED as frivolous.

20040922

© 1992-2004 VersusLaw Inc.



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