(PC) Spears v. Gary Slossberg

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN SPEARS, No. 2:16-CV-2655-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS EL DORADO COUNTY C.P.S., et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Before the Court is Plaintiff’s “request for emergency injunctive relief.” ECF No. 26. Plaintiff seeks an order compelling the Superior Court of El Dorado County, the El Dorado County Public Guardian’s Office, and the guardian of his son Brian Spears, Jr., to facilitate visitation between Plaintiff and his son. Id. at 1, 3. Plaintiff moves for injunctive relief under Federal Rule of Civil Procedure 65. Id. Because, however, Plaintiff requests this Court do compel a government officer and agency to take an action, the Court construes his motion as a motion for writ of mandamus. The undersigned United States Magistrate Judge recommends denying the petition for a writ of mandamus. /// 27…