Janah Dannell Ortiz v. Fresno Federal Courthouse

United States District Court for the Eastern District of California · February 27, 2025 · No. 1:25-cv-0155 JLT SKO (HC)

Summary

The United States District Court for the Eastern District of California dismissed without prejudice Janah Dannell Ortiz’s petition for a writ of mandamus concerning ongoing state criminal proceedings. The court adopted the magistrate judge’s findings in part, declined to interfere under Younger abstention principles, directed the Clerk to provide civil-rights forms, and declined to issue a certificate of appealability.

Holdings

  1. Mandamus relief was unavailable based on Ortiz's allegations and the relief he sought.
  2. The court was required to abstain from interfering with Ortiz's ongoing state criminal proceedings.
  3. The petition had to be dismissed without prejudice rather than with prejudice.
  4. The court declined to issue a certificate of appealability because Ortiz did not make a substantial showing of the denial of a constitutional right.

Questions Presented

  1. Whether the petition for a writ of mandamus stated a basis for mandamus relief.
  2. Whether the federal court should abstain from interfering with Ortiz's ongoing state criminal proceedings.
  3. Whether dismissal should be with or without prejudice where the petition potentially implicated civil-rights claims.
  4. Whether Ortiz was entitled to a certificate of appealability.

Disposition

dismissed

Cases Cited (7)

  • Younger v. Harris, 401 U.S. 37 (1971)(followed)
  • Fiorito v. Entzel, 829 Fed. Appx. 192, 193 (9th Cir. 2020)(followed)
  • American Trial Lawyers Assoc., New Jersey Branch v. New Jersey Supreme Court, 409 U.S. 467, 469 (1973)(followed)
  • Orth v. Johnson, 2023 U.S. App. LEXIS 4179, at *1 (9th Cir. Feb. 21, 2023)(followed)
  • Miller-El v. Cockrell, 537 U.S. 322, 335-336 (2003)(followed)
  • Slack v. McDaniel, 529 U.S. 473, 484 (2000)(followed)
  • Barefoot v. Estelle, 463 U.S. 880, 893 (1983)(followed)

Cited In (0)

No citing cases on record yet.

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