Kilmer

Kilmer v. California State Supreme Court

Good Law
United States District Court, Northern District of CaliforniaFebruary 16, 20224:21-cv-06567California570 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FREDERICK D. KILMER, Case No. 21-cv-06567-HSG

Petitioner, ORDER OF DISMISSAL v.

CALIFORNIA STATE SUPREME

COURT,

11 Respondent. 12 Petitioner, a California inmate housed at California Correctional Institution, has filed a writ of mandamus,1 against the California Supreme Court, alleging that the California Supreme Court failed to carry out its clear, present and ministerial duty to abide by state and federal law because its July 21, 2021 denial of his state habeas petition “completely ignored the Mandatory Legislative Laws, case laws per the Ca. Supreme Court own rulings, and the case laws per the United States Supreme Court, thereby denying Petitioner his Constitutional Due Process Rights per the 14th Amendment.” Dkt. No. 1 at 1-2. Petitioner requests that a writ of mandate be issued directing the California Supreme Court to “vacate its erroneous ruling and issue an order for the Ca. State Supreme Court to issue a new order vacating Petitioners sentence,…

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