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United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 09-71692Docketed: 06/03/2009
Richard Fine v. Sheriff of Los Angeles County
Appeal From: US District Court for Central California, Los Angeles

Case Type Information:
1) original proceeding
2) habeas corpus
3) null

Originating Court Information:
District: 0973-2 : 2:09-cv-01914-JFW-CW
Trial Judge: John F. Walter, U.S. District Judge
Date Filed:
Date Rec'd COA:
06/02/2009

06/03/2009 1 FILED PETITION FOR WRIT OF HABEAS CORPUS. DOCKETED
CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE PETITIONER. (HC)
06/24/2009 2 Filed Joseph Zernik motion for leave to file as party
in interest. Served on 06/19/2009. [6972099] (MT)
06/30/2009 3 Deleted Incorrect Docket Entry. (KKW)
06/30/2009 4 Order filed (ALEX KOZINSKI, RICHARD A. PAEZ and
RICHARD C. TALLMAN)The court is in receipt of petitioner\u2019s original
petition for a writ of habeas corpus filed pursuant to 28 U.S.C. \u00a7
2254. An application for a writ of habeas corpus must be made to the
district court. See Fed. R. App. P. 22(a); see also 28 U.S.C. \u00a7
2241(b). Petitioner has an application for a writ of habeas corpus
pending in the United States District Court for the Central District
of California, case No. 09-1914. To the extent petitioner requests
that this court order the district court to act on or grant his
petition for writ of habeas corpus, petitioner\u2019s filing is construed
as a petition for writ of mandamus. We note that on June 12, 2009,
the district court issued its findings and recommendations in
petitioner\u2019s case. Accordingly, petitioner has not demonstrated that
this case warrants the intervention of this court by means of the
extraordinary remedy of mandamus. See Bauman v. United States Dist.
Court, 557 F.2d 650 (9th Cir. 1977). The petition is denied. .
[6974360] (KKW)
07/07/2009 5 Received Petitioner Richard I. Fine notice regarding
supplement to emergency petition for writ of mandate/prohibition:
emergency motion for immediate release from incarceration. [6983765]
(MT)