Burnett v. Superior Court of Marin County

United States District Court for the Northern District of California
Burnett v. Superior Court of Marin County, 573 F. Supp. 345 (1983)
1983 U.S. Dist. LEXIS 13014

Burnett v. Superior Court of Marin County

Opinion

ORDER

WEIGEL, District Judge.

Petitioner Burnett requests this Court to issue a writ of mandate requiring the Superior Court of Marin County to act in conformity with what Burnett contends is that court’s policy of acting upon a writ of habeas corpus within 30 working days of the time a petition for such a writ is filed. Petitioner does not allege that he is in custody in violation of the Constitution or laws of the United States; this Court is therefore without jurisdiction to entertain Burnett’s petition as a request for habeas corpus relief. See 28 U.S.C. § 2254(a). Because the Superior Court of Marin County is not an officer, employee or agency of the United States, this Court also lacks jurisdiction to issue a writ of mandamus to compel the state court to perform its alleged duty. See 28 U.S.C. § 1361.

As this Court is without jurisdiction, petitioner’s motion for a writ of mandate is hereby denied.

Reference

Full Case Name
Robert L. BURNETT, Petitioner, v. SUPERIOR COURT OF MARIN COUNTY, Respondent
Cited By
1 case
Status
Published