Opinion
No. C 03-3021 CRB (PR).
July 2, 2003
ORDER OF DISMISSAL
Jackie Wilson, a state prisoner at the California Correctional Institution in Tehachapi, California, has filed a pro se petition for a writ of mandate that would order the Superior Court of the State of California in and for the City and County of San Francisco "in accordance with the laws of the state to provide petitioner with the initial police report and all supplemental police reports in [state superior court] case No. 155424."
Federal courts are without power to issue a writ of mandate/mandamus to a state court. Demos v. U.S. District Court, 925 F.2d 1160, 1161 (9th Cir. 1991). Wilson's petition for a writ of mandamus compelling the San Francisco Superior Court to provide him the police reports he seeks must be DISMISSED. See id. at 1161-62 (attempt to obtain a writ in federal court to compel a state court to take or refrain from some action is "frivolous as a matter of law"); see also In re Campbell, 264 F.3d 730, 731-32 (7th Cir. 2001) (denying petition for writ of mandamus that would order state trial court to give petitioner access to certain trial transcripts which he sought in preparation for filing state post-conviction petition; federal court may not, as a general rule, issue mandamus to a state judicial officer to control or interfere with state court litigation).
The clerk shall close the file and terminate all pending motions as moot. No fee is due.
SO ORDERED.