(HC) Martin v. Supreme Court of California

Good Law
United States District Court, Eastern District of CaliforniaFebruary 6, 20202:20-cv-00248California264 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OZ MARTIN, No. 2:20-cv-0248 DB P Petitioner, v. ORDER SUPREME COURT OF CALIFORNIA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of mandamus pursuant to 28 U.S.C. § 1651. Petitioner seeks a writ “commanding respondent court to perform its ministerial duty in affording petitioner his constitutional rights to a proper and adequate inquiry by using sound discretion in adhering to and following the law which governs/controls the issues raised by his claims.” (ECF No. 1 at 4.) The application attacks a conviction issued by the Alameda County Superior Court. While both this court and the United States District Court in the district where petitioner was convicted have jurisdiction, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973), any and all witnesses and evidence necessary for the resolution of petitioner’s application are more readily available…

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