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Holland v. Dep't of Corr.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON
Aug 17, 2020
NO: 2:20-CV-284-RMP (E.D. Wash. Aug. 17, 2020)

Opinion

NO: 2:20-CV-284-RMP

08-17-2020

CHARLES HOLLAND, Petitioner, v. DEPARTMENT OF CORRECTIONS and STATE OF WASHINGTON, Respondents.


ORDER OF DISMISSAL WITHOUT PREJUDICE

Petitioner Charles Holland, a Texas State prisoner located in Huntsville, Texas, presented this pro se Writ of Mandamus on August 14, 2020, without an application to proceed in forma pauperis or payment of a filing fee. ECF No. 1. Petitioner indicates that a detainer was lodged against him with his Texas custodian, and he complains that the State of Washington has refused to extradite him, thus violating his speedy trial rights. Plaintiff does not identify the charges or the County in which they arose.

In any event, the Writ of Mandamus was abolished by Rule 81(b) of the Federal Rules of Civil Procedure. Furthermore, a federal court lacks jurisdiction to issue a writ of mandamus to a state court. Demos v. United States Dist. Court for the E. Dist. of Wash., 925 F.2d 1160, 1161 (9th Cir. 1991); see 28 U.S.C. § 1651.

Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE to Petitioner seeking an appropriate habeas remedy in the District in which his charges arose and after he has exhausted available state court remedies. See, e.g., Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 488-90 (1989); Baker v. Grice, 169 U.S. 284, 292-93 (1988).

IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, enter judgment, provide a copy to Petitioner at his last known address, and close the file. The Court certifies that any appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability is therefore DENIED.

DATED August 17, 2020.

s/ Rosanna Malouf Peterson

ROSANNA MALOUF PETERSON

United States District Judge


Summaries of

Holland v. Dep't of Corr.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON
Aug 17, 2020
NO: 2:20-CV-284-RMP (E.D. Wash. Aug. 17, 2020)
Case details for

Holland v. Dep't of Corr.

Case Details

Full title:CHARLES HOLLAND, Petitioner, v. DEPARTMENT OF CORRECTIONS and STATE OF…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

Date published: Aug 17, 2020

Citations

NO: 2:20-CV-284-RMP (E.D. Wash. Aug. 17, 2020)