(HC) Chatman v. The State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKEY LEE CHATMAN, JR., No. 1:21-cv-00802-DAD-JLT (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. ACTION BROUGHT UNDER 28 U.S.C. § 1361 STATE OF CALIFORNIA, (Doc. No. 5) Respondent.

16 Petitioner Rickey Lee Chatman, Jr., is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 4, 2021, the assigned magistrate judge issued findings and recommendations recommending that the pending petition be dismissed because mandamus relief under § 1361 is only available to compel an officer of the United States to perform a duty owed to the petitioner where petitioner’s claim is “clear and certain” and the officer’s duty is “ministerial and so plainly prescribed as to be free from doubt.” (Doc. No. 5 at 1–2)…