Terry Turner v. Harold Falk

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry TURNER, Petitioner-Appellant, v. Harold FALK, et al., Respondent-Appellees. No. 91-15843. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided April 30, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Terry Turner, a Hawaii state prisoner, appeals pro se the district court's dismissal of his petition for writ of mandamus, construed as a petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 In March 1990, appellant filed an original petition for writ of mandamus and a motion for injunctive relief with this court. The petition for writ of mandamus sought an order transferring appellant to federal custody, or, in the alternative, releasing him on parole. The motion for injunctive relief sought an order directing a prison psychiatrist to stay away from appellant. This court issued an order construing…