Ari v. Adam

Filing 6

ORDER ADMINISTRATIVELY CLOSING CASE; INSTRUCTIONS TO CLERK. Signed by Judge William Alsup on 9/26/2017. The deputy clerk hereby certifies that on 9/26/2017 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (afmS, COURT STAFF) (Filed on 9/26/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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In re

No. C 17-5180 WHA (PR)

ROXANNE ARI,

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ORDER ADMINISTRATIVELY
CLOSING CASE; INSTRUCTIONS
TO CLERK

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Petitioner.

(Dkt. No. 1)

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This case was opened when petitioner, a prisoner of the State of California, filed a

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“notice of appeal and for appointment of attorney on appeal.” Petitioner stated that she wanted

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to appeal a decision of the California Supreme Court denying her petition for a writ of habeas

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corpus. The clerk notified petitioner that she did not file a petition for a writ of habeas corpus or

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an application to proceed in forma pauperis (“IFP”). The clerk also mailed to petitioner a form

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petition, IFP application form, instructions for completing the forms, and a stamped return

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envelope. Petitioner has responded by filing a letter stating that she did not intend to file a civil

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action, but instead wanted to appeal the decision of the California Supreme Court to this court.

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Federal district courts are without subject matter jurisdiction to review state court decisions, and

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state court litigants may therefore only obtain federal review by filing a petition for a writ of

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certiorari in the Supreme Court of the United States. See District of Columbia Court of Appeals

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v. Feldman, 460 U.S. 462, 486-87 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 416

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(1923).

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As petitioner states she did not intend to file a civil action in this court, the clerk shall

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administratively close this case has having been opened in error, and terminate any pending

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motions from the docket. No fee is due.

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IT IS SO ORDERED.
Dated: September 26 , 2017

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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