Vieira v. Ylst

Filing 120

ORDER of USCA re Richard Vieira. The Petition for the Extraordinary Writ of Mandamus is DENIED. (Sant Agata, S)

Case: 11-72505

04/18/2012

ID: 8145063

DktEntry: 18

Page: 1 of 1

FILED
UNITED STATES COURT OF APPEALS

APR 18 2012

FOR THE NINTH CIRCUIT

MOLLY C. DWYER, CLERK

RICHARD VIEIRA,
Petitioner,
v.
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF
CALIFORNIA,
Respondent,

U .S. C O U R T OF APPE ALS

No. 11-72505
D.C. No. 1:05-cv-1492-OWW
Eastern District of California
Fresno
ORDER

MICHAEL MARTEL,
Real Party in Interest.
Before: LEAVY, PAEZ, and BEA, Circuit Judges

We construe Petitioner’s pro se All Writs Act/ § 2241/ Writ of Mandamus
Petition as a petition for a writ of mandamus to compel the district court to:
(a) excuse any state procedural defaults based upon the alleged suspension of the
writ and delays by the state courts or the alleged ineffective assistance of state
post-conviction counsel; and (b) remove one of Petitioner’s federal habeas
attorneys based upon an alleged conflict of interest. The district court on February
21, 2012 appointed independent counsel to consult with Petitioner. The petition
for the extraordinary writ of mandamus 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’s Office shall close this case.