Allen v. Department Of Corrections State of Florida et al

Filing 6

ORDER denying as moot 3 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations 4 . Signed by Judge Joan A. Lenard on 9/23/08. (lc1)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 08-22389-CIV-LENARD/WHITE D E R R I C K ALLEN, P e t i t io n e r , vs. D E P A R T M E N T OF CORRECTIONS, R e sp o n d e n t. ________________________________/ O R D E R OF DISMISSAL T H I S CAUSE is before the Court on the Report of the Magistrate Judge ("Report," D .E . 4), issued on September 2, 2008. In his Report, the Magistrate Judge recommends d e n ia l, for lack of jurisdiction, of Petitioner's petition for a writ of mandamus to compel v ariou s courts to rule on his claims. (See id.) On September 18, 2008, Petitioner filed his objections to the Report ("Objections," D .E . 5). Therein, Petitioner concedes that this Court lacks jurisdiction to compel the United S ta te s Court of Appeals for the Eleventh Circuit to take action in a case, and further concedes th a t his petition was address to the United States Supreme Court. Further, having reviewed th e entirety of Petitioner's Objections and having otherwise independently reviewed the R e p o rt and the record in this case, the Court finds no basis on which to overrule the M a g is tra te Judge's findings as described in the Report. Accordingly, it is hereby: O R D E R E D AND ADJUDGED that: 1. T h e Report of the Magistrate Judge (D.E. 4) is ADOPTED.

2. 3. 4.

T h e Petition for Writ of Mandamus (D.E. 1) is DENIED. A ll pending motions not otherwise ruled upon are DENIED as moot. T h i s case is CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida this 23rd day of September, 2008.

_____ _ _ _ _ _ _ _ _ _ _ _ ___________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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