Case: 09-71692 06/30/2009 Page: 1 of 2 DktEntry: 6974360

FILED
UNITED STATES COURT OF APPEALS JUN 30 2009

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

RICHARD I. FINE, No. 09-71692

Petitioner, D.C. No. 2:09-cv-01914-JFW

Central District of California,
v. Los Angeles

SHERIFF OF LOS ANGELES COUNTY,

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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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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