Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RAFAEL ROJAS-REYES, Case No. 1:23-cv-00988-SKO

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

B. M. TRATE, Warden, DISMISS PETITION FOR WRIT OF

MANDAMUS

Respondent. (21-DAY OBJECTION DEADLINE)

17 On June 30, 2023, Petitioner filed a petition for writ of mandamus pursuant to 28 U.S.C. § 1361 in this Court. Upon review of the petition, the Court finds that mandamus relief is unavailable. Therefore, the Court will recommend the petition be DISMISSED WITH PREJUDICE. DISCUSSION I. Preliminary Screening of Petition The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous, malicious,” or that fail to state a claim upon which relief may be…