James v. Emmens et al
Filing
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AMENDED ORDER Denying 73 Plaintiff's Request for Return of Legal Property as Moot; Denying 75 Plaintiff's Request for Sanctions and Injunctive Relief; and Denying 79 Plaintiff's Request for Emergency Extraordinary Writ. Signed by Magistrate Judge Nita L. Stormes on 01/18/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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KYLE ROBERT JAMES,
Case No.: 16cv2823-WQH (NLS)
Plaintiff,
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v.
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AMENDED ORDER:
DEPUTY EMMENS, et al.,
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(1) DENYING PLAINTIFF’S
REQUEST FOR RETURN OF
LEGAL PROPERTY AS MOOT [ECF
No. 73];
Defendants.
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(2) DENYING PLAINTIFF’S
REQUEST FOR SANCTIONS AND
INJUNCTIVE RELIEF [ECF No. 75];
and
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(3) DENYING PLAINTIFF’S
REQUEST FOR EMERGENCY
EXTRAORDINARY WRIT [ECF No.
79]
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Before the Court are three motions filed by Plaintiff Kyle Robert James,
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proceeding pro se and in forma pauperis, in this civil rights action under 42 U.S.C. §
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1983. Plaintiff previously notified the Court that he was being moved from Corcoran
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State Prison to the custody of the San Diego County Sheriff’s Department in connection
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with his criminal retrial. ECF No. 68.
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On December 27, 2017, Plaintiff constructively filed a request for the Court to
assist him in retrieving his legal property, which he claims was lost during his transfer to
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16cv2823-WQH (NLS)
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San Diego Central Jail on December 21 and was being withheld from him by the jail
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deputies. ECF No. 73. The next day, on December 28, 2017, Plaintiff filed a request for
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sanctions and for injunctive relief against the San Diego Central Jail deputies for
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withholding his legal property. ECF No. 75. On January 3, 2018, Plaintiff constructively
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filed a motion for Emergency Extraordinary Writ, asking the Court to take him from the
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San Diego County Sheriff’s Custody and to place him back into federal custody during
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his state court criminal proceedings. ECF No. 79.
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In his most recent motion for Emergency Extraordinary Writ, Plaintiff states that
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his state court attorney aided him in retrieving his legal property. ECF. No. 79 at 8.
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Accordingly, the Court DENIES AS MOOT his motion for return of legal property.
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The Court declines to impose any sanctions or issue any further relief against the
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San Diego Central Jail deputies in connection with Plaintiff’s legal property. Plaintiff
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now appears to be in possession of his legal property, has not alleged any concrete harm
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arising from missing his legal materials for a few days, and has not set forth any
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egregious conduct by the deputies as to his property that warrants sanctions. The Court
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DENIES Plaintiff’s request for sanctions and injunctive relief.
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Finally, Plaintiff previously moved the Court to issue a preemptory writ of
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mandate to prevent him from being placed into the San Diego County Sheriff’s custody
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by the San Diego Superior Court. ECF No. 65. The Court denied this motion because
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Plaintiff failed to provide any legal authority under which the Court could issue such a
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writ to a state court. ECF No. 69. Plaintiff seeks essentially the same relief in his instant
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motion—that the Court issue an order directing him to be removed from state custody—
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but again fails to provide any legal authority for the Court to take such action. As the
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Court previously noted, a federal court “lacks jurisdiction to issue a writ of mandamus to
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a state court.” Demos v. U.S. Dist. Court for E. Dist. of Washington, 925 F.2d 1160,
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1161-62 (9th Cir. 1991) (holding that ‘to the extent that [petitioner] attempts to obtain a
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writ in this court to compel a state court to take or refrain from some action, the petitions
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are frivolous as a matter of law”); In re Campbell, 264 F.3d 730, 731 (7th Cir. 2001)
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16cv2823-WQH (NLS)
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(Posner) (federal courts “cannot . . . use our power to issue mandamus to a state judicial
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officer to control or interfere with state court litigation, thus exceeding our jurisdiction”);
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Haggard v. State of Tenn., 421 F.2d 1384, 1386 (6th Cir. 1970) (“federal courts have no
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authority to issue writs of mandamus to direct state courts or their judicial officers in the
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performance of their duties”). Therefore, the Court DENIES Plaintiff’s motion for
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Emergency Extraordinary Writ.
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IT IS SO ORDERED.
Dated: January 18, 2018
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16cv2823-WQH (NLS)
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