Odoms v. Cadish et al

Filing 3

ORDER that ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED; Clerk directed to detach and file the petition ECF No. 1 -1; the petition is DISMISSED; a certificate of appealability is DENIED; Clerk shall enter judgment and close this case. Signed by Judge Howard D. McKibben on 11/13/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN B. ODOMS,

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Case No. 3:17-cv-00547-HDM-VPC
Petitioner,

ORDER

v.
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E. CADISH, et al.,
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Respondents.
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Petitioner John B. Odoms has submitted a petition for a writ of mandamus (ECF

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No. 1-1). His application to proceed in forma pauperis (ECF No. 1) shall be granted.

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Odoms asks this court to direct the Eighth Judicial District Court of Clark County,

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Nevada—which has declared petitioner a vexatious litigant—to allow him to file a motion

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for modification of sentence. However, this court lacks jurisdiction to issue a writ of

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mandamus to a state court. Demos v. United States Dist. Court for the E. Dist. of

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Wash., 925 F.2d 1160, 1161 (9th Cir. 1991). Accordingly, this petition is dismissed for

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lack of jurisdiction. The court will not issue a certificate of appealability, as reasonable

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jurists would not debate the dismissal of this petition.

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IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma
pauperis (ECF No. 1) is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall detach and file the petition (ECF
No. 1-1).

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IT IS FURTHER ORDERED that the petition is DISMISSED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.
DATED: November 13, 2017.

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HOWARD D. MCKIBBEN
UNITED STATES DISTRICT JUDGE

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