Helfrich v. Laxalt et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
PETER JASON HELFRICH,
Case No. 2:17-cv-02392-APG-PAL
ADAM PAUL LAXALT, et al.,
Petitioner has filed an application to proceed in forma pauperis (ECF No. 1) and a petition
for a writ of mandamus. Petitioner is unable to pay an initial installment. Petitioner must still pay
the filing fee in full through monthly installment payments.
Petitioner asks the court to issue a writ of mandamus to the state courts, requiring them to
dismiss a criminal proceeding against him because the prosecution has not responded to a filing
called a “Conditional Acceptance For Value” pursuant to the Uniform Commercial Code.
This court lacks jurisdiction to consider the petition for a writ of mandamus. 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). No such provision exists that would give this Court jurisdiction to
issue a writ of mandamus to a state court. See Demos v. United States Dist. Court for Eastern Dist.
of Washington, 925 F.2d 1160, 1161-62 (9th Cir. 1991).
IT IS THEREFORE ORDERED that plaintiff’s application to proceed in forma pauperis is
GRANTED. Plaintiff shall not be required to pay an initial partial filing fee. However, even
though this action is being dismissed, by commencing this action plaintiff incurred the obligation to
pay the full filing fee pursuant to 28 U.S.C. § 1915(b)(2).
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), 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 (inmate #1111875), in the
months that the account exceeds $10.00, until the full $350 filing fee has been paid for this action.
The clerk shall send a copy of this order to the finance division of the clerk’s office. The clerk shall
also send a copy of this order to the attention of the chief of inmate services for the Nevada
Department of Corrections, P.O. Box 7011, Carson City, NV 89702.
IT IS FURTHER 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: November 17, 2017.
ANDREW P. GORDON
United States District Judge
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