Toliver v. Office Of The Inspector General et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GEORGE A. TOLIVER,
Case No. 2:17-cv-00512-RFB-CWH
OFFICE OF THE INSPECTOR
GENERAL, et al.,
Petitioner has submitted a petition for a writ of mandamus. He alleges that in a prison
disciplinary proceeding he was not allowed to call a witness. He was found guilty and sanctioned
with 90 days in some form of disciplinary detention. Petitioner further alleges that the paperwork
falsely states that he waived his right to call witnesses. Petitioner’s efforts to have the inspector
general investigate these events have been fruitless. He asks this court to order the inspector general
to investigate the matter.
The All Writs Act, 28 U.S.C. § 1651, allows the Court to grant extraordinary writs where the
Court has jurisdiction. However, the All Writs Act does not confer jurisdiction by itself; instead,
another statutory or constitutional provision must confer jurisdiction upon the Court. Stafford v.
Superior Court, 272 F.2d 407, 409 (9th Cir. 1959). Petitioner does not identify any such statutory or
constitutional provision. The closest such provision is 28 U.S.C. § 1361, which states:
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.
Respondents are officers of the State of Nevada. They are not officers or employees of the United
States within the meaning of § 1361. Therefore, this Court lacks jurisdiction to consider the Petition
The court will not construe the petition as a petition for a writ of habeas corpus. Petitioner
currently is not in prison. Even if petitioner’s claims had merit, there is no relief that the court could
IT IS THEREFORE ORDERED that the clerk of the court file the petition for a writ of
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.
RICHARD F. BOULWARE, II
United States District Judge
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