Dews v. Brown et al
Filing
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ORDER STRIKING Petitions for Writ of Mandamus 23 , 24 , signed by District Judge Anthony W. Ishii on 3/18/13. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CLARENCE LEON DEWS,
CASE NO. 1:12-cv-00278-AWI-SKO PC
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Plaintiff,
ORDER STRIKING PETITIONS FOR WRIT
OF MANDAMUS
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v.
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(Docs. 23 and 24)
EDMUND G. BROWN, et al.,
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Defendants.
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Plaintiff Clarence Leon Dews, a state prisoner proceeding pro se, filed this civil rights action
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pursuant to 42 U.S.C. § 1983 on February 21, 2012. On December 14, 2012, Plaintiff filed his
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second petition for writ of mandamus and on December 17, 2012, Plaintiff filed his third petition
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for writ of mandamus.
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The Court denied Plaintiff’s first petition for writ of mandamus on November 27, 2012, with
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prejudice. In its order, the Court explained to Plaintiff that his attempt to seek relief via a petition
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for writ of mandamus was misplaced and in no event was Plaintiff entitled to relief. Despite this
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admonition, Plaintiff has filed two more petitions.
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misunderstanding on Plaintiff’s part, the Court clarifies that in no event and under no circumstance
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is Plaintiff entitled, in this federal civil rights action, to a petition for writ of mandamus directed at
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state prison officials. See Cheney v. U.S. Dist. Court for Dist. of Columbia, 542 U.S. 367, 380, 124
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S.Ct. 2576, 2586 (2004) (section 1651(a) codified the common-law writ of mandamus against a
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lower court); Demos v. U.S. Dist. Court for Eastern Dist. of Washington, 925 F.2d 1160, 1161-62
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(9th Cir. 1991) (no jurisdiction to issue writ to a state court).
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To the extent that there was some
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The petitions are HEREBY ORDERED STRICKEN from the record and Plaintiff is warned
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that abuse of the Court’s resources through the filing of frivolous documents may result in the
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imposition of sanctions. Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404-05 (9th Cir.
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2010).
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IT IS SO ORDERED.
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Dated:
0m8i78
March 18, 2013
SENIOR DISTRICT JUDGE
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