(HC) Fries v. Superior Court of Kern County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MICHAEL FRIES, ) Case No.: 1:20-cv-01517-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO SUPERIOR COURT OF KERN COUNTY, et ) DISMISS PETITION al., ) ) [THIRTY-DAY OBJECTION DEADLINE] Respondents. )

On October 28, 2020, Petitioner filed what appears to be a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. For the following reasons, the Court will recommend it be DISMISSED for lack of jurisdiction. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court. .…