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6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

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9 STEVEN FLOYD VOSS, Case No. 3:19-cv-00030-RCJ-WGC

10 Petitioner, ORDER v. 11 SECOND JUDICIAL DISTRICT COURT, 12 et al.,

13 Respondents.

14 Petitioner Steven Floyd Voss has submitted a petition for a writ of mandamus 15 and has now paid the filing fee (see ECF Nos. 1-1, 4). Voss asks this court to direct the 16 Second Judicial District Court of Washoe County, Nevada to vacate a 1996 judgment of 17 conviction and to prohibit that court from resentencing him. However, this court lacks 18 jurisdiction to issue a writ of mandamus to a state court. Demos v. United States Dist. 19 Court for the E. Dist. of Wash.,

, 1161 (9th Cir. 1991). Accordingly, this 20 petition is dismissed for lack of jurisdiction. The court will not issue a certificate of 21 appealability, as reasonable jurists would not debate the dismissal of this petition. 22 The court also notes that the Nevada Court of Appeals granted Voss’ state 23 petition for writ of mandamus and instructed the state district court to resentence Voss 24 and enter an amended judgment of conviction in state case no. CR96-15814. Nevada 25 Court of Appeals Case No. 74227. 26 IT IS THEREFORE ORDERED that the Clerk shall detach and file the petition for 27 writ of mandamus (ECF No. 1-1). ' IT IS FURTHER ORDERED that the petition is DISMISSED. 2 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. 6 7 DATED: This 7‘ day of October, 2019.

9 ROBERT C. JO 10 UNITED STATEB/DISTRICT JUDGE

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