JOSE GONZALES-LONGORIA V. DENNIS WONG, No. 18-15777 (9th Cir. 2018)

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1 2 3 4 5 6 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 21 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOSE LEON GONZALES-LONGORIA, AKA Jose Leon Gonzalez-Longoria, No. U.S. COURT OF APPEALS 18-15777 D.C. No. 1:17-cv-01587-LJO-MJS Petitioner-Appellant, MEMORANDUM* v. DENNIS MATTHEW WONG; et al., Respondents-Appellees. 7 8 9 10 11 12 13 14 15 Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, Chief Judge, Presiding Submitted August 15, 2018** Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges. Federal prisoner Jose Leon Gonzales-Longoria appeals pro se from the 16 district court’s judgment dismissing his petition for writ of mandamus. We have 17 jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilhelm v. Rotman, 680 18 F.3d 1113, 1118 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915A); Kildare v. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1 Saenz, 325 F. 3d 1078, 1082 (9th Cir. 2003) (denial of mandamus); Barren v. 2 Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 3 U.S.C. § 1915(e)(2)(B)(ii)). We affirm. 4 The district court properly dismissed Gonzalez-Longoria’s petition for writ 5 of mandamus because Gonzalez-Longoria failed to show that there was “no other 6 adequate remedy” available. Lowry v. Barhart, 329 F.3d 1019, 1021 (9th Cir. 7 2003) (citation and internal quotation marks omitted) (setting forth elements for 8 mandamus relief). 9 AFFIRMED. 2

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