Gann

Filed 3/15/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

NATHANIEL MARCUS GANN,

F080831

Plaintiff and Appellant, (Super. Ct. No. MCV079584) v.

REINA ACOSTA, OPINION

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Madera County. Michael J. Jurkovich, Judge. Nathaniel Marcus Gann, in pro. per., for Plaintiff and Appellant. Xavier Becerra and Rob Bonta, Attorneys General, Phillip J. Lindsay, Senior Assistant Attorney General, Maria G. Chan and Yun Hwa Harper, Deputy Attorneys General, for Respondent. -ooOoo- Appellant Nathaniel Marcus Gann, currently an inmate at Valley State Prison (VSP), appeals the superior court’s denial of his petition (Petition) for a writ of traditional mandamus (Code Civ. Proc., § 1085) in which he sought an order directing respondent Reina Acosta, a correctional counselor with the California Department of Corrections and Rehabilitation (CDCR), to grant his request for an overnight visit with his spouse. Gann contends, among other things, the court erred in deferring to the CDCR’s interpretation of the regulations…