United States District Court, N.D. California
September 22, 2004.
TIMMY RAY TYSON, Petitioner,
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
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.
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