Filed Date: June 23, 2016
Closed Date: Sept. 20, 2016
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The is a case about violations under California election law.
On June 23, 2016, plaintiff, a candidate for election in California, sought a writ of a mandamus from the District Court. Plaintiff alleged that the Trinity County Elections Officer, and her assistants, failed to allow observers and representatives of candidates and organizations to adequately observe the counting of ballots by insisting that Poll Observers stay away from personnel, the ballots, and tabulating devices at a distance of 25 feet. Plaintiff alleged that these actions, among others, violated the California Elections Code. Plaintiff requested that District Court issue a writ of mandamus to the County to require the County to permit a third party to hand count all ballots. The case was assigned to Judge Craig M. Kellison.
On August 8, 2016, the Magistrate of the District Court was required to screen plaintiff's claim because plaintiff was granted leave to proceed in forma pauperis. The Magistrate further stated that the court must dismiss a complaint if it is frivolous or fails to state a complaint on which relief can be granted. The Magistrate recommended, and the District Court ordered, that the complaint be dismissed for failure to state a claim. The Magistrate reasoned that the jurisdiction of district courts to issue writs of mandamus is limited to officers and employees of the United States, but not state officials. As such, the Magistrate recommended, and the District Court ordered, that the complaint be dismissed for failure to state a claim upon which relief can be granted as the District Court was unable to issue the requested writ against Trinity County.
The court issued its final order on September 20, 2016.
Summary Authors
(11/1/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5970828/parties/ps-fox-v-county-of-trinity/
Mueller, Kimberly Jo (California)
Fox, Thomas J. (California)
Long, Margaret E. (California)
See docket on RECAP: https://www.courtlistener.com/docket/5970828/ps-fox-v-county-of-trinity/
Last updated Aug. 8, 2025, 7:17 a.m.
State / Territory: California
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: June 23, 2016
Closing Date: Sept. 20, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Candidate for election.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
County of Trinity, Shanna S. White, County Clerk/Recorder/Assessor (Trinity), County
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: