Storey v. Marin County Sheriff Department

Background

Sherri Storey applied to proceed without paying the filing fee, and the court granted that application. The court then screened her complaint under 28 U.S.C. § 1915(e)(2)(B). Storey sought a writ of mandamus, which is a court order directing an official to perform a specific duty.

Storey wanted an order requiring the Marin County Sheriff Department to report to the Federal Bureau of Investigation that Steve A. Frankel was possibly the Zodiac serial killer and had mentally and physically harmed her. She also sought an order requiring the United States Department of Justice to investigate and prosecute Frankel.

Court’s analysis

The court held that the requested relief was unavailable as a matter of law. First, it stated that a federal district court lacks authority to issue mandamus relief against state officers. For that reason, it could not order Marin County to contact the Federal Bureau of Investigation.

Second, the court stated that a district court cannot compel federal prosecutors to investigate or prosecute a particular person. Prosecutorial decisions are discretionary, and mandamus can compel a federal official only when the official has a nondiscretionary, ministerial duty. The court concluded that Storey’s requested investigation and prosecution did not meet that standard.

Order and effect

The court did not dismiss the case in this order. Instead, it allowed Storey to file an amended complaint by July 29, 2022. The order stated that if she did not amend, or if the amended complaint did not state a viable claim for relief, the undersigned would recommend that a district judge dismiss the case. The court vacated all deadlines and directed the Clerk not to issue a summons or serve the complaint.

The opinion is signed by Magistrate Judge Alex G. Tse.