CABRERA v. CULPEPPER

Filing 11

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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Page 1 of 1 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. s/ M. Casey Rodgers M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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