Unknown

(HC) Gomez v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaMay 18, 20201:20-cv-00346California839 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEROY GOMEZ, Case No. 1:20-cv-00346-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR LACK OF

v. JURISDICTION UNKNOWN, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 1 ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE

17 Petitioner Leroy Gomez, a state pretrial detainee without counsel, petitioned for a writ of mandamus under 28 U.S.C. § 1651. ECF No. 1. Petitioner seeks an order directing the Superior Court of Kern County to review his claim of vindictive prosecution against the prosecutor at his preliminary hearing. ECF No. 1 at 1-2. On April 7, 2020, we ordered petitioner to show cause within thirty days why his petition should not be dismissed for lack of jurisdiction. ECF No. 8. More than thirty days have passed, and petitioner has not responded to our order. We recommend that the petition be…

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