Arviza

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS C. SHRADER, No. 1:22-cv-01413-DAD-HBK (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

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