Yisrael v. Gil et al

Filing 38

ORDER adopting Report and Recommendations re 34 and denying 33 Motion of Mandamus. Signed by Judge William P. Dimitrouleas on 7/20/2010. (lbc)

Download PDF
Yisrael v. Gil et al Doc. 38 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-61159-CIV-DIMITROULEAS DONNIE JACKSON, aka Benyah Shalom Yisrael, Petitioner, vs. DEPARTMENT OF CORRECTION, et al., Respondent. _____________________________________/ ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court upon the Motion of Mandamus Order [DE-33] and the Report of Magistrate Judge Patrick A. White, dated June 30, 2010 [DE-34]. The Court notes that no objections to the Report have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate's conclusion that any violations at the institution at issue must be addressed through the grievance procedures available at the institution and the courts in the Northern District of Florida. The Court therefore agrees that the Motion of Mandamus Order [DE-33] should be dismissed so that Petitioner can file in the proper venue, only after attempting to resolve these issues within the institution in which he is confined. Dockets.Justia.com Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report of Magistrate Judge Patrick A. White, dated June 30, 2010 [DE-34] is hereby ADOPTED and APPROVED; 2. The Motion of Mandamus Order [DE-33] is hereby DENIED; DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 20th day of July, 2010. Copies furnished to: Ben-Shalom Yisrael 083419 Santa Rosa C.I. 5850 E Milton Rd Milton, FL 32583 Hon. Patrick A. White U.S. Maj. Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?