Peterson v. Sobel

Filing 3

ORDER DISMISSING CASE for lack of subject matter jurisdiction. Clerk shall close the case. Signed by Judge Robert C. Jones on 5/28/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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STANLEY T. PETERSON,
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Plaintiff,
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vs.
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J. SOBEL et al.,
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Defendants.
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Case No.: 3:13-cv-00550-RCJ-VPC
ORDER

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Plaintiff has petitioned this Court for a writ of prohibition requiring the Clerk of the

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Nevada Supreme Court to accept his filings without the required filing fee. The All Writs Act

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provides that “[t]he Supreme Court and all courts established by Act of Congress may issue all

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writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages

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and principles of law.” 28 U.S.C. § 1651. Although the All Writs Act authorizes writs of

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mandamus, a federal court may not issue writs of mandamus to state officials, and a petition for

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such a writ is legally frivolous. See Demos v. U.S. Dist. Court, 925 F.2d 1160, 1161–62 (9th Cir.

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1991). Under the Anti–Injunction Act, “[a] court of the United States may not grant an

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injunction to stay proceedings in a State court except as expressly authorized by Act of Congress,

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or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C.

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§ 2283. The Court has no jurisdiction to mandate action by the Clerk of the Nevada Supreme

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Court.

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CONCLUSION

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IT IS HEREBY ORDERED that Petition is DISMISSED for lack of subject matter

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jurisdiction.

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IT IS FURTHER ORDERED that the Clerk shall close the case.

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IT IS SO ORDERED.

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Dated this 7th dayday of May, 2014.
Dated this 28th of May, 2014.

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_____________________________________
ROBERT C. JONES
United States District Judge

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