CABRERA v. CULPEPPER
ORDER ADOPTING 4 REPORT AND RECOMMENDATION. Petitioner's "Motion to Compel 28 U.S.C. § 1361," construed as a petition for writ of mandamus 1 , is DISMISSED for lack of jurisdiction. Signed by District Judge M CASEY RODGERS on 11/19/09. (lcu)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION PEDRO O. CABRERA, Petitioner, vs. Case No. 3:09cv483/MCR/EMT
SAM CULPEPPER, WARDEN; W ALTER A. MCNEIL, SECRETARY OF PRISONS; U.S. DEPARTMENT OF JUSTICE IMMIGRATION AND NATURALIZATION, Respondents. _________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated November 3, 2009. (Doc. 4). Petitioner has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's Report and Recommendation is adopted and
incorporated by reference in this order. 2. Petitioner's "Motion to Compel 28 U.S.C. § 1361," construed as a petition for
writ of mandamus (doc. 1), is DISMISSED for lack of jurisdiction. DONE AND ORDERED this 19th day of November, 2009.
M. Casey Rodgers
M. CASEY RODGERS UNITED STATES DISTRICT JUDGE
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