(HC) Brownlee v. People of the State of California ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN JUSTIN BROWNLEE, No. 2:19-cv-2524 DAD AC P 12 Petitioner, 13 v. ORDER 14 PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a motion requesting that the court 18 order his trial attorney and appellate counsel or the state court to provide him with copies of his 19 state court records that were lost during a transfer to another prison. ECF No. 24. 20 To the extent petitioner appears to be seeking an order from the court directing the state 21 courts to provide him with copies of his state court records, “[t]he federal courts are without 22 power to issue writs of mandamus to direct state courts or their judicial officers in the 23 performance of their duties.” Clark v. Washington, 366 F.2d 678, 681 (1966) (citations omitted); 24 Demos v. United States Dist. Ct., 925 F.2d 1160, 1161 (9th Cir. 1991) (“[T]his court lacks 25 jurisdiction to issue a writ of mandamus to a state court.” (citing 28 U.S.C. § 1651)). With 26 respect to petitioner’s prior counsel, they are not parties to this case and the court therefore lacks 27 the personal jurisdiction necessary to compel them to provide petitioner with copies. See Ruhrgas 28 AG v. Marathon Oil Co., 526 U.S. 574, 584 (1999) (“Personal jurisdiction . . . ‘represents a 1 | restriction on judicial power . . . as a matter of individual liberty.’” (second alteration in original) 2 | (quoting Ins. Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702 (1982)). 3 || Although the court is sympathetic to petitioner’s plight, it is without authority to order the relief 4 || requested and the motion must be denied.' 5 Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for copies (ECF No. 6 || 24) is DENIED. 7 || DATED: March 24, 2023 ~ 8 Lhar—e_ ALLISON CLAIRE 9 UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 | | The court notes that the opinion in petitioner’s direct appeal may be available to him though the prison law library. See People v. Brownlee, 2019 Cal. App. Unpub. LEXIS 2635; 2019 WL 28 | 1613558.