(HC) Shrader v. Garland

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THOMAS C. SHRADER, ) Case No.: 1:21-cv-01229-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO MERRICK GARLAND, et al., ) DISMISS PETITION FOR WRIT OF MANDAMUS Respondents. ) ) [THIRTY-DAY OBJECTION DEADLINE] )

On August 12, 2021, Petitioner filed a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. For the following reasons, the Court will recommend the petition be DISMISSED WITH PREJUDICE. DISCUSSION The All Writs Act, codified at 28 U.S.C. § 1651(a), provides that “[t]he Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” The federal mandamus statute set forth at 28 U.S.C. § 1361 provides: “The district courts shall have original…