Lingo v. Benton (INMATE 1)

Filing 6

OPINION. Signed by Honorable Judge Myron H. Thompson on 8/29/14. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

RALPH WILSON LINGO,
Petitioner,
v.
GREGORY J. BENTON-DOTHAN
POLICE CHIEF,
Respondent.

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CIVIL ACTION NO.
1:14cv724-MHT
(WO)

OPINION
Pursuant to 28 U.S.C. § 1361, petitioner, a state
inmate, seeks a writ of mandamus.

This lawsuit is now

before the court on the recommendation of the United
States Magistrate Judge that the petition for writ of
mandamus

be

petitioner’s

denied.
motion

Also
to

before

dismiss,

in

the

court

which

is

the

petitioner

agrees that this court is without authority to issue the
writ.

After an independent and de novo review of the

record, the court concludes that the magistrate judge’s

recommendation

should

be

adopted

and

petitioner’s

dismissal motion granted.
An appropriate judgment will be entered.
DONE, this the 29th day of August, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE