Arviza
(PC) Shrader v. Arviza
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS C. SHRADER, Case No. 1:22-cv-01413-HBK (HC) 12 Petitioner, ORDER DIRECTING CLERK OF COURT TO
REDESIGNATE CASE FROM PETITION
13 v. FOR WRIT OF HABEAS CORPUS TO
PRISONER MANDAMUS ACTION
14 M. ARVIZA, Warden-FCI Mendota,
15 Respondent.
16
17 18 This matter is before the Court upon sua sponte review of the file. Petitioner Thomas C. 19 Shrader, a federal prisoner proceeding pro se, commenced this action by filing an “Immediate 20 Emergency Writ of Mandamus Due to Exigent Circumstances” pursuant to 28 U.S.C. § 1361 on 21 November 2, 2022. (Doc. No. 1). The Clerk of Court designated the action as a petition for writ 22 of habeas corpus. (See docket). However, a closer review of the case reveals that this action does 23 not challenge the fact or duration of his confinement. See Heck v. Humphrey, 512 U.S. 477, 481 24 (1994). Instead, Plaintiff seeks to “compel” the warden at FCI Mendota to “perform her duty,” 25 and argues the warden has…