Samm v. Superior Court of California for the County of Alameda

Background

Sterling Samm, a state prisoner at California Men’s Colony, brought this action without a lawyer under the All Writs Act, a federal law allowing courts to issue certain orders in aid of jurisdiction they already possess. He paid the filing fee.

Samm said that he had filed a “counter-claim to a wrongful criminal conviction” in an “Adjudicator Court, a Private Administrative Court of Record and Alternative Dispute Resolution (ADR) Service.” He asked the federal court to enforce what he described as a default judgment and a $10 million money judgment issued by that forum.

Samm also sought a federal writ of mandamus, meaning an order compelling another court or official to take or refrain from taking an action. He asked the court to order the Superior Court of Alameda County to vacate an order setting aside an entry of default against the State of California and Kyle Hasapes, and to order a refund of $401. He alleged that the state court denied him due process and equal protection by refusing to let him appear by telephone.

The opinion states that Samm appeared to have sought to register a judgment from the Yolo County Superior Court in the Alameda County Superior Court. It says the Yolo County case may have involved a petition raising ineffective-assistance and actual-innocence claims and seeking evidence under California Penal Code § 1054.9. Samm also suggested that he was being unlawfully confined.

Court’s Reasoning

The court held that it did not have jurisdiction to order the relief Samm requested. It explained that the All Writs Act does not itself create federal jurisdiction; it can be used only to assist a court’s existing subject-matter jurisdiction.

The court further stated that, to the extent Samm sought to overturn his state criminal conviction, his federal remedy was a petition challenging his custody under 28 U.S.C. § 2254. A custody challenge is the exclusive federal vehicle when success would necessarily show that the imprisonment or its duration is invalid.

The court also held that a petition seeking a federal writ of mandamus to compel a state court or state official to act or refrain from acting is frivolous as a matter of law. Samm therefore could not obtain a federal order compelling the Alameda County Superior Court, or another state court, to take action.

Disposition

The court issued an order of dismissal. The Clerk was directed to enter judgment and close the file. The opinion does not state that the dismissal was with or without prejudice.