(HC)Gonzalez

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

J.L. GONZALEZ, Case No. 1:23-cv-00904-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS

B.M. TRATE, (ECF No. 9)

Respondent. ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN DISTRICT

JUDGE

17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. I. BACKGROUND Petitioner is a federal prisoner currently housed at the United States Penitentiary in Atwater, California (“USP Atwater”). (ECF No. 1 at 1.)1 On June 15, 2023, Petitioner filed a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. (ECF No. 1.) Therein, Petitioner alleges that he, and others housed at USP Atwater, is being denied adequate programming, healthy diet, hot meals, fresh air, leisure or recreational activities, and access to the courts due to 27 …