Toliver v. Office Of The Inspector General et al

Filing 5

ORDER dismissing action for lack of jurisdiction., Signed by Judge Richard F. Boulware, II on 1/9/2018., Case terminated. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 GEORGE A. TOLIVER, 10 Petitioner, 11 vs. 12 Case No. 2:17-cv-00512-RFB-CWH OFFICE OF THE INSPECTOR GENERAL, et al., ORDER 13 Respondents. 14 15 Petitioner has submitted a petition for a writ of mandamus. He alleges that in a prison 16 disciplinary proceeding he was not allowed to call a witness. He was found guilty and sanctioned 17 with 90 days in some form of disciplinary detention. Petitioner further alleges that the paperwork 18 falsely states that he waived his right to call witnesses. Petitioner’s efforts to have the inspector 19 general investigate these events have been fruitless. He asks this court to order the inspector general 20 to investigate the matter. 21 The All Writs Act, 28 U.S.C. § 1651, allows the Court to grant extraordinary writs where the 22 Court has jurisdiction. However, the All Writs Act does not confer jurisdiction by itself; instead, 23 another statutory or constitutional provision must confer jurisdiction upon the Court. Stafford v. 24 Superior Court, 272 F.2d 407, 409 (9th Cir. 1959). Petitioner does not identify any such statutory or 25 constitutional provision. The closest such provision is 28 U.S.C. § 1361, which states: 26 27 28 The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff. 1 Respondents are officers of the State of Nevada. They are not officers or employees of the United 2 States within the meaning of § 1361. Therefore, this Court lacks jurisdiction to consider the Petition 3 (#1). 4 The court will not construe the petition as a petition for a writ of habeas corpus. Petitioner 5 currently is not in prison. Even if petitioner’s claims had merit, there is no relief that the court could 6 grant. 7 8 9 10 11 IT IS THEREFORE ORDERED that the clerk of the court file the petition for a writ of mandamus. IT IS FURTHER ORDERED that this action is DISMISSED for lack of jurisdiction. The clerk of the court shall enter judgment accordingly and close this action. DATED: January 9, 2018. 12 13 _________________________________ RICHARD F. BOULWARE, II United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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