(HC) Caetano v. United States of America

Good Law
United States District Court, Eastern District of CaliforniaDecember 1, 20231:23-cv-01648California649 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NATHANIEL DWAYNE CAETANO, Case No. 1:23-cv-01648-SKO

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

UNITED STATES OF AMERICA, et al., DISMISS PETITION FOR WRIT OF

MANDAMUS

Respondents.

16 On November 27, 2023, Petitioner filed a petition for writ of mandamus pursuant to 28 U.S.C. § 1361 in this Court. The petition is frivolous and nonsensical. Therefore, 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 jurisdiction of any action in the nature of mandamus to compel an officer or employee of the…

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