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)

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-