Storey

Storey v. Marin County Sheriff Department

Good Law
United States District Court, Northern District of CaliforniaJuly 15, 20224:22-cv-03939California417 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SHERRI STOREY, Case No. 22-cv-03939-AGT

Plaintiff,

SCREENING ORDER

v.

MARIN COUNTY SHERIFF

DEPARTMENT,

Defendant.

Having granted Sherri Storey’s application to proceed in forma pauperis, the undersigned now screens her complaint under 28 U.S.C. § 1915(e)(2)(B). Storey seeks a writ of mandamus. The writ would require the Marin County Sheriff’s Department to report to the FBI that Steve A. Frankel is possibly the Zo- diac serial killer and has mentally and physically harmed Storey. See Dkt. 1 ¶¶ 6– 8, 49–50; Dkt. 1-1 at 1. The writ would also require the U.S. Department of Justice to investigate and prosecute Frankel. See Dkt. 6 ¶¶ 1–7, 19–20, 27, 38–39. The Court cannot grant the relief that Storey seeks. First, a “district court lack[s] jurisdiction to grant mandamus relief against state officers.” Reiner v. Cal- ifornia, 612 F. App’x 473, 474 (9th Cir. 2015). For this reason, the Court cannot issue a writ to compel Marin County to contact the FBI. See also Taylor v. Cal. Dep’t of Just., No. C 08-04776 CW, 2009 WL 1814421, at *1 (N.D. Cal. June 23, 2009) (“Federal courts are without power to issue…

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