Dyer v. Mendocino County

Background

Jewel E. Dyer, an inmate in the Mendocino County Jail proceeding without a lawyer, filed a petition seeking a writ of prohibition or mandamus. She stated that she was a pretrial detainee awaiting trial in Mendocino County Superior Court on theft charges. She alleged that her lawyer was providing ineffective assistance and that the trial court had improperly denied bail. She sought an injunction affecting her criminal proceedings and money damages.

Dyer used a California state-court form for a petition for a writ of habeas corpus, crossed out that phrase, and replaced it with “prohibition” and “mandamus.” The caption referred to the “California Appellate Court for the Ninth Circuit,” which the court said combined the names of two different appellate courts. Dyer also cited California authorities in a later filing, suggesting that she intended to proceed in a state appellate court.

Court’s reasoning

The court held that a writ of prohibition or mandamus was not available from this federal district court to direct a state court, including the Mendocino County Superior Court. The court explained that the California Court of Appeal may issue such writs to California superior courts, while the United States Court of Appeals may issue such writs directed to a federal district court.

The court advised that, if Dyer were convicted, she could seek federal habeas relief under 28 U.S.C. § 2254 after presenting her claims to the California Court of Appeal and California Supreme Court. While she remained a pretrial detainee, the court said she could seek relief under 28 U.S.C. § 2241(c)(3) only for a claim under the Double Jeopardy Clause.

Dyer moved for sanctions against Mendocino County, the Northern District of California, and “any judge,” asserting that they had failed to obey the mandamus writ. The court found no basis for sanctions because it had not issued a mandamus writ.

Disposition

The court dismissed the petition without prejudice to Dyer seeking a prohibition or mandamus writ in the California Court of Appeal or, if applicable, the United States Court of Appeals. The dismissal was also without prejudice to filing a federal habeas petition subject to the limitations the court described. The court denied the motion for sanctions and granted the applications to proceed without paying filing fees because of Dyer’s lack of funds. Judge Jacquelyn Scott Corley directed the Clerk to provide the requested federal habeas and civil-rights complaint forms, enter judgment, and close the file.