Givens v. Los Angeles County Superior Court

Full title: ROBERT LEE GIVENS, Plaintiff - Appellant, v. LOS ANGELES COUNTY SUPERIOR…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 23, 2006

No. 05-56267 (9th Cir. Jan. 23, 2006)

Opinion

ROBERT LEE GIVENS, Plaintiff - Appellant, v. LOS ANGELES COUNTY SUPERIOR COURT; et al., Defendants - Appellees. No. 05-56267 United States Court of Appeals, Ninth Circuit January 23, 2006

NOT FOR PUBLICATION

Submitted January 9, 2006 ^**

** This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Appeal from the United States District Court for the Central District of California, D.C. No. CV-05-05063-R, Manuel L. Real, District Judge, Presiding

Before: HUG, O§SCANNLAIN and SILVERMAN, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

California state prisoner Robert Lee Givens appeals pro se from the district court§s dismissal for lack of jurisdiction of his §Petition for Writ of Mandate and Declaratory Relief, § asking the district court to declare that the California superior court to violated state rules and code by calling for an informal response to his state habeas petition.

Federal courts lack jurisdiction to issue a writ of mandamus to a state court. See Demos v. United States Dist. Court for the E. Dist. of Wash., 925 F.2d 1160, 1161 (9th Cir. 1991) (order). Accordingly, the district court§s order is affirmed.

All pending motions are denied as moot.

AFFIRMED.