(HC)Gonzalez

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

J.L. GONZALEZ, Case No. 1:23-cv-00904-JLT-SAB-HC

Petitioner, ORDER VACATING FEBRUARY 5, 2024

FINDINGS AND RECOMMENDATION

v. (ECF No. 11) B.M. TRATE,

AMENDED FINDINGS AND

Respondent. RECOMMENDATION TO GRANT

RESPONDENT’S MOTION TO DISMISS

16 (ECF No. 9) 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. I. BACKGROUND Petitioner is a federal prisoner currently housed at the United States Penitentiary in Atwater, California (“USP Atwater”). (ECF No. 1 at 1.) On June 15, 2023, Petitioner filed a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. (ECF No. 1.) Therein, Petitioner alleges that he, and others housed at USP Atwater, is being denied adequate programming, healthy diet, hot meals, fresh air, leisure or recreational activities, and access to the courts due to constant institutional lockdowns allegedly for lack of…