Brand v. People of the State of California

Filing 8

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 05/02/17 RECOMMENDING that petitioner's 1 petition for issuance of a writ of mandate be denied and this action be dismissed for lack of jurisdiction; referred to Judge John A. Mendez; Objections to F&R due within 20 days. (Benson, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES R. BRAND,

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No. 2:16-cv-2550-JAM-CMK-P

Petitioner,
vs.

FINDINGS AND RECOMMENDATIONS

PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.
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Petitioner, a pretrial detainee in the Rio Consumnes Correctional Center, is

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proceeding pro se. He has filed a pro se petition for a writ of mandamus, requesting this court

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issue an order requiring the Sacramento County Superior Court hear his motions.

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Under 28 U.S.C. § 1651(a), all federal courts may issue writs “in aid of their

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respective jurisdictions. . .” In addition, the district court has original jurisdiction under 28

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U.S.C. § 1361 to issue writs of mandamus. That jurisdiction is limited, however, to writs of

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mandamus to “compel an officer or employee of the United States or any agency thereof to

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perform a duty. . .” 28 U.S.C. § 1361 (emphasis added). It is also well-established that, with

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very few exceptions specifically outlined by Congress, the federal court cannot issue a writ of

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mandamus commanding action by a state or its agencies. See e.g. Demos v. U.S. Dist. Court for
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Eastern Dist. of Wash., 925 F.2d 1160 (9th Cir. 1991).
Here, petitioner is not requesting any action on behalf of any officer or employee

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of the United States or an agency thereof. Plaintiff is requesting this court to compel the

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Sacramento County Superior Court to hear motions related to criminal proceedings against him.

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This court has no jurisdiction to do so under 28 U.S.C. § 1361.

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Based on the foregoing, the undersigned recommends that petitioner’s petition for
issuance of a writ of mandate be denied and this action be dismissed for lack of jurisdiction.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 20 days

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after being served with these findings and recommendations, any party may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge's

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Findings and Recommendations.” Failure to file objections within the specified time may waive

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the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: May 2, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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