(HC) Jacome v. "IRS" of California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALEXANDER JACOME, Case No. 1:21-cv-01816-SKO

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

CALIFORNIA DEPARTMENT OF DISMISS PETITION FOR WRIT OF

CORRECTIONS AND REHABILITATION, MANDAMUS

15 Respondent.

17 On December 3, 2021, Petitioner filed the instant petition for writ of mandamus pursuant to 28 U.S.C. § 1361. Petitioner claims, inter alia, that prison officials at Wasco State Prison have failed to properly compute his sentence credits. The petition for writ of mandamus fails to state a claim. To the extent Petitioner’s claims may sound in habeas corpus, they are unexhausted. Therefore, the Court will recommend the petition be DISMISSED. DISCUSSION I. Mandamus Relief 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…