(HC) Fries v. Superior Court of Kern County

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 MICHAEL FRIES, ) Case No.: 1:20-cv-01517-JLT (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE 13 v. ) ) FINDINGS AND RECOMMENDATION TO 14 SUPERIOR COURT OF KERN COUNTY, et ) DISMISS PETITION al., 15 ) ) [THIRTY-DAY OBJECTION DEADLINE] 16 Respondents. )

17 On October 28, 2020, Petitioner filed what appears to be a petition for writ of mandamus 18 pursuant to 28 U.S.C. § 1361. For the following reasons, the Court will recommend it be DISMISSED 19 for lack of jurisdiction. 20 DISCUSSION 21 A. Preliminary Review of Petition 22 Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary 23 review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it 24 plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in 25 the district court. .…