Arviza

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS C. SHRADER, No. 1:22-cv-01413-DAD-HBK (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

14 M. ARVIZA, ACTION BROUGHT UNDER 28 U.S.C. § 1361 15 Defendant. (Doc. No. 13) 16 17 Plaintiff Thomas C. Shrader is a federal prisoner proceeding pro se and in forma pauperis 18 with a petition for writ of mandamus pursuant to 28 U.S.C. § 1361. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 20, 2024, the assigned magistrate judge issued findings and 21 recommendations recommending that the pending § 1361 petition be dismissed because 22 “[p]laintiff admits on the face of his Petition that [he] did not exhaust his administrative remedies 23 prior to filing this case,” as is required. (Doc. No. 13 at 3–5.) Further, the magistrate judge 24 explained that even if plaintiff’s pleading is construed as seeking injunctive relief…