Bolin v. Jill L. Brown, et al

Filing 260

ORDER of USCA re Paul C. Bolin. The Petition is DENIED. (Sant Agata, S)

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Case: 11-73796 04/18/2012 ID: 8145025 DktEntry: 7 Page: 1 of 1 FILED UNITED STATES COURT OF APPEALS APR 18 2012 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK PAUL C. BOLIN, U .S. C O U R T OF APPE ALS No. 11-73796 Petitioner, v. D.C. No. 1:99-cv-5279-LJO Eastern District of California Fresno M. MARTEL, Warden, ORDER Respondent. Before: LEAVY, PAEZ, and BEA, Circuit Judges We construe Petitioner’s pro se 28 U.S.C. § 2241 petition as a petition for a writ of mandamus to compel the district court to (a) grant a hearing on all of Petitioner’s claims, (b) excuse any procedural defaults based upon the alleged suspension of the writ and delays by the state courts, and (c) order an acquittal. So construed, the petition is denied. See Bauman v. United States District Court, 557 F.2d 650, 654-55 (9th Cir. 1977). All pending motions are denied. The Clerk shall close this case. No more filings will be accepted in this closed case.

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