(PC) Smith v. Municipality of Fresno County

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 GARY PAUL SMITH, No. 2:21-cv-1992 KJM AC P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 MUNCIPALITY OF FRESNO, et al., 14 Defendants. 15 16 Before the court is plaintiff’s petition for writ of mandate, docketed October 19, 2022. 17 ECF No. 120. For the reasons stated below, the undersigned will recommend that the petition be 18 denied. 19 I. PETITION FOR WRIT OF MANDATE 20 At the outset, the court notes that the petition is difficult to read and its content is 21 confusing. Additionally, the petition is written on a state court form, and it primarily cites to 22 California Civil Procedure Code §§ 1085 and 1086 and to California case law for support. See id. 23 at 2-3. 24 The petition alleges violations of state law and of multiple constitutional rights by 25 defendants Brockway and Bishop in July 2003. ECF No. 120. Specifically, plaintiff contends 26 that in July 2003, defendants engaged in police misconduct and used excessive force…