Schenck v. Superior Court of California, County of Marin et al
Filing
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ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 8/31/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 8/31/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RYKER WILLIAM SCHENCK,
No. C 12-4422 CW (PR)
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ORDER OF DISMISSAL
Petitioner,
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v.
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF MARIN; KIM TURNER,
CHIEF EXECUTIVE OFFICER,
Respondents.
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/
United States District Court
For the Northern District of California
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The present action was opened when Plaintiff, a prisoner
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incarcerated at San Quentin State Prison and proceeding pro se,
sent to the Court a document titled "Petition for Writ of Judicial
Mandate Compelling the Filing of a Notice of Appeal and Related
Papers."
Docket no. 1.
The caption of the petition bears a Marin
County Superior Court case number, and identifies the State court
of appeal as the presiding court.
In the petition, Plaintiff claims that the Marin County
Superior Court wrongly dismissed his civil action and has refused
to process his notice of appeal.
He seeks a writ of mandamus from
the California Court of Appeal directing the superior court to file
his notice of appeal.
Based on the above, the Court concludes that Plaintiff
erroneously sent the petition to this Court.1
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Accordingly, this
Moreover, federal district courts are without jurisdiction
to issue mandamus to direct state courts in the performance of
their duties; thus, an action brought to compel a state court to
take or refrain from some action is frivolous as a matter of law.
Demos v. United States District Court, 925 F.2d 1160, 1161-62 (9th
Cir. 1991).
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case is DISMISSED as opened in error, and no filing fee is due.
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The Clerk of the Court shall close the file.
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IT IS SO ORDERED.
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Dated: 8/31/2012
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CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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United States District Court
For the Northern District of California
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