Helfrich v. Laxalt et al

Filing 3

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. FURTHER ORDERED that, the Nevada Department of Corrections shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to plaintiff's account. Signed by Judge Andrew P. Gordon on 11/17/2017.; Case dismissed for lack of jurisdiction. (Copies have been distributed pursuant to the NEF, cc: NDOC - JM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PETER JASON HELFRICH,

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Petitioner,

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vs.

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Case No. 2:17-cv-02392-APG-PAL

ADAM PAUL LAXALT, et al.,

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ORDER

Respondents.

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Petitioner has filed an application to proceed in forma pauperis (ECF No. 1) and a petition

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for a writ of mandamus. Petitioner is unable to pay an initial installment. Petitioner must still pay

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the filing fee in full through monthly installment payments.

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Petitioner asks the court to issue a writ of mandamus to the state courts, requiring them to

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dismiss a criminal proceeding against him because the prosecution has not responded to a filing

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called a “Conditional Acceptance For Value” pursuant to the Uniform Commercial Code.

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This court lacks jurisdiction to consider the petition for a writ of mandamus. The All Writs

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Act, 28 U.S.C. § 1651, allows the court to grant extraordinary writs where the court has jurisdiction.

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However, the All Writs Act does not confer jurisdiction by itself; instead, another statutory or

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constitutional provision must confer jurisdiction upon the Court. Stafford v. Superior Court, 272

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F.2d 407, 409 (9th Cir. 1959). No such provision exists that would give this Court jurisdiction to

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issue a writ of mandamus to a state court. See Demos v. United States Dist. Court for Eastern Dist.

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of Washington, 925 F.2d 1160, 1161-62 (9th Cir. 1991).

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IT IS THEREFORE ORDERED that plaintiff’s application to proceed in forma pauperis is

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GRANTED. Plaintiff shall not be required to pay an initial partial filing fee. However, even

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though this action is being dismissed, by commencing this action plaintiff incurred the obligation to

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pay the full filing fee pursuant to 28 U.S.C. § 1915(b)(2).

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IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), the Nevada

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Department of Corrections shall pay to the Clerk of the United States District Court, District of

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Nevada, 20% of the preceding month’s deposits to plaintiff’s account (inmate #1111875), in the

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months that the account exceeds $10.00, until the full $350 filing fee has been paid for this action.

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The clerk shall send a copy of this order to the finance division of the clerk’s office. The clerk shall

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also send a copy of this order to the attention of the chief of inmate services for the Nevada

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Department of Corrections, P.O. Box 7011, Carson City, NV 89702.

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IT IS FURTHER 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: November 17, 2017.

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_________________________________
ANDREW P. GORDON
United States District Judge

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