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United States Court of Appeals, Ninth CircuitMar 6, 2009
316 Fed. Appx. 667 (9th Cir. 2009)

No. 08-16855.

Submitted February 18, 2009.

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

Filed March 6, 2009.

Patrick Otis Nelson, Vacaville, CA, pro se.

Appeal from the United States District Court for the Eastern District of California, Morrison C. England, District Judge, Presiding. D.C. No. 2:07-cv-02210-MCE-CMK.

Before: BEEZER, FERNANDEZ, and W. FLETCHER, Circuit Judges.


This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Patrick Nelson, a California state prisoner, appeals pro se the denial of his mandamus petition seeking an order compelling his counsel to produce legal documents so that he may file a habeas corpus petition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

In a mandamus action, a federal court has authority only to issue orders against employees, officers, or agencies of the United States. See 28 U.S.C. § 1361. We therefore affirm the denial of Nelson's petition. See Kildare v. Saenz, 325 F.3d 1078, 1084 (9th Cir. 2003).