Schuette v. United States Court ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHRISTOPHER SCHUETTE, Case No. 23-cv-01835-JD 8 Petitioner, 9 y. ORDER RE DISMISSAL Re: Dkt. No. 12 10 UNITED STATES COURT, ll Respondent. 12 13 Petitioner, a federal prisoner, filed a pro se habeas petition pursuant to 28 U.S.C. § 2241. 14 || Schuette was found guilty after trial on January 25, 2023, before Judge Freeman in this district. 3 15 See United States v. Schuette, Case No. 22-cr-0233 BLF, Dkt. No. 124. Schuette asks the Court to a 16 || intervene in his criminal case or reverse the conviction. 3 17 The request is denied. The Court cannot inject itself into proceedings before another judge 18 in this District. See Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). The Court is also 19 || not a venue for an appeal from a sister district court. See Mullis v. United States Bankr. Ct., 828 20 || F.2d 1385, 1392-93 (9th Cir. 1987); In re McBryde, 117 F.3d 208, 225 n.11 (Sth Cir. 1997). 21 The motion to proceed in forma pauperis (Dkt. No. 12) is denied because this case is 22 || frivolous and without a basis in law or fact. A certificate of appealability is denied. The case is 23 ordered closed, and no further filings will be accepted. 24 IT IS SO ORDERED. 25 Dated: December 4, 2023 26 27 JAMES D O 28 United Stafés District Judge