Summary
The United States District Court for the Eastern District of California denied Walter Grable’s motion seeking copies of his First Amended Complaint. Construing the motion as a request for mandamus relief, the court held that federal mandamus cannot compel state correctional officials and therefore the court lacked jurisdiction to grant the requested relief. The court directed the Clerk to make copies for service by the United States Marshals Service.
Holdings
- A pro se motion may be recharacterized according to the substance of the claim and its underlying legal basis; Plaintiff's motion was construed as seeking mandamus relief.
- Federal mandamus relief is not available to compel state correctional officials to perform a specific duty; therefore, the court lacked jurisdiction to grant Plaintiff's requested relief.
Questions Presented
- Whether Plaintiff's motion for copies should be construed as a motion for mandamus relief.
- Whether a federal district court has jurisdiction to issue mandamus relief compelling state correctional officials to provide copies of a complaint.
Disposition
writ_denied
Cases Cited (3)
- Castro v. United States, 540 U.S. 375, 381-82 (2003)(applied)
- Fallini v. Hodel, 783 F.2d 1343, 1345 (9th Cir. 1986)(applied)
- Demons v. United States District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…