Case: 09-71692

06/30/2009

Page: 1 of 2

DktEntry: 6974360

FILED
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JUN 30 2009
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

RICHARD I. FINE, Petitioner, v. SHERIFF OF LOS ANGELES COUNTY,

No. 09-71692 D.C. No. 2:09-cv-01914-JFW Central District of California, Los Angeles

ORDER Respondent.

Before: KOZINSKI, Chief Judge, PAEZ and TALLMAN, Circuit Judges. The court is in receipt of petitioner’s original petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 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. § 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’s 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’s case. Accordingly,
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Case: 09-71692

06/30/2009

Page: 2 of 2

DktEntry: 6974360

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.

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