Allum v. State of Montana

Opinion

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAR 25 2020

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS In re: ROBERT L. ALLUM. No. 20-70646 ______________________________ D.C. No. ROBERT L. ALLUM, 2:19-cv-00012-BMM-KLD District of Montana, Petitioner, Butte

v. ORDER

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA, BUTTE,

Respondent,

STATE OF MONTANA; et al.,

Real Parties in Interest.

Before: TASHIMA, FRIEDLAND, and MILLER, Circuit Judges.

Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977); see also Demos v. U.S. Dist. Ct., 925 F.2d 1160 (9th Cir. 1991) (“[T]his court lacks jurisdiction to issue a writ of mandamus to a state court.”). Accordingly, the petition is denied. Petitioner’s emergency motion for a stay of proceedings in the Montana Supreme Court (Docket Entry No. 2) is denied. Petitioner’s motion to proceed in forma pauperis (Docket Entry No. 3) is denied as moot.

Petitioner’s motion for judicial notice (Docket Entry No. 4) is denied. No further filings will be accepted in this closed case. DENIED.