(HC) Lua v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JUAN M. AGUILAR LUA, Case No. 1:25-cv-00156-KES-EPG-HC
Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS PETITION FOR WRIT OF
v. MANDAMUS
UNITED STATES OF AMERICA, et al., Respondents.
15 Petitioner Juan M. Aguilar Lua is a state prisoner proceeding pro se with a petition for writ of mandamus. For the reasons stated herein, the undersigned recommends that the petition be dismissed. I. DISCUSSION The federal mandamus statute provides: “The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361. “An order pursuant to § 1361 is available only if (1) the claim is clear and certain; (2) the official’s or agency’s ‘duty is nondiscretionary, ministerial, and so plainly prescribed as to be free from doubt’; and (3) no other adequate…