William Dunne v. Eliseo Ricolcol

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 12 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM D. DUNNE, No. 21-56254

Petitioner-Appellant, D.C. No. 2:18-cv-09728-MWF-JC and

THOMAS RICHARD FARRUGIA, MEMORANDUM*

Petitioner,

v.

ELISEO RICOLCOL,

Respondent-Appellee.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Argued and Submitted November 20, 2024 San Jose, California

Before: GRABER, FRIEDLAND, and BUMATAY, Circuit Judges.

Petitioner William Dunne appeals the district court’s dismissal of his

Petition for Relief in the Nature of Mandamus (“Petition”) for lack of subject

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. matter jurisdiction. The Petition, which invoked both the Mandamus Act,

U.S.C. § 1361, and the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et

seq., challenged the Administrative Remedy Program at Federal…