Alden Alexander Thomas v. Superior Court of the State of California et al

Filing 11

MEMORANDUM AND ORDER DISMISSING PETITION WITHOUT PREJUDICE by Judge Dale S. Fischer, re Petition for Writ of Habeas Corpus (2254), 5 . Accordingly, the petition for writ of mandamus is dismissed without prejudice for lack ofjurisdiction. (See attached order for further details.) (jsan)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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ALDEN ALEXANDER THOMAS, JR.,

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Petitioner,

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v.
SUPERIOR COURT OF THE STATE OF
CALIFORNIA, et al.,
Respondents.

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Case No. CV 17-273-DSF(AJW)
MEMORANDUM AND ORDER
DISMISSING PETITION
WITHOUT PREJUDICE

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Petitioner is a state prisoner serving a life sentence. On January 18, 2107, petitioner filed a
document entitled “Petition for Writ of Mandate/Prohibition.” [Docket No. (“Dkt.”) 5]. The petition
seeks an order compelling the Los Angeles County Superior Court to enter a judgment finding that a twopage document submitted by petitioner is a genuine document. The document purports to be a grant of
asylum from the country of Belize. [Dkt. 5 at 10-11]. As best the Court can discern, petitioner hopes to
rely upon this document to secure a transfer from the custody of the State of California to the country
of Belize.
The federal mandamus statute provides that “[t]he district courts shall have original jurisdiction
of any action in the nature of mandamus to compel an officer or employee of the United States or any
agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361. Federal district courts lack
the power to issue writs of mandamus directing state courts, state judicial officers, or other state officials

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in the performance of their duties. Demos v. U.S. District Court, 925 F.2d 1160, 1161-1162 (9th Cir.)

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(a petition for a writ of mandamus “to compel a state court to take or refrain from some action” is

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“frivolous as a matter of law”), cert. denied, 498 U.S. 1123 (1991); Rodriguez v. Court of Appeal, 2013

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WL 5603948, at *1 (C.D. Cal. Oct. 10, 2013) (same), aff'd, Feb. 27, 2014 (9th Cir. Case No. 13-56905).

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Because the Los Angeles County Superior Court is not an officer, employee or agency of the United

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States, this Court lacks jurisdiction to issue a writ of mandamus to compel it to perform its alleged duty.

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Accordingly, the petition for writ of mandamus is dismissed without prejudice for lack of

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jurisdiction.

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It is so ordered.

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2/16/17
Dated:

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Dale S. Fischer
United States District Judge

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