Lee v. United States Department of Justice et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE 25 AND DISMISSINGPETITION FOR WRIT OF MANDAMUS 1 . Signed by Judge Joan A. Lenard on 9/15/2011. (dpv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-20452-CIV-LENARD/WHITE
ALFRED WAYNE LEE,
Petitioner,
vs.
R. ALEXANDER ACOSTA, et al.,
Respondents.
________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE
MAGISTRATE JUDGE (D.E. 25) AND DISMISSING
PETITION FOR WRIT OF MANDAMUS (D.E. 1)
THIS CAUSE is before the Court on the Report and Recommendation of Magistrate
Judge Patrick A. White (D.E. 25), issued on May 31, 2011, recommending that Petitioner
Alfred Wayne Lee’s Petition for Writ of Mandamus (D.E. 1) relating to his Freedom of
Information Act Request be denied as moot. The Report finds that on May 9, 2011, the
United States Attorney’s Office for the Southern District of Florida complied with
Petitioner’s FOIA request and therefore Petitioner has received the relief requested. (Report
at 1-2.) Consequently, his Petition should be dismissed as moot. (Id. at 2.) The Report also
provides the parties with fourteen days to file objections to the Report. (Id.) To date, no
objections to the Report have been filed.1

1

To the extent the Court can glean objections from Petitioner’s Motion for
Summary Judgment (D.E. 26), filed on June 2, 2011, it finds they are unpersuasive. Petitioner’s
Motion focuses on the bad faith on the part of the Government in taking nearly four years to
respond to his FOIA request. This argument is irrelevant for the purposes of the Court’s
analysis.

Failure to timely file objections shall bar parties from attacking on appeal the factual
findings contained in the report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996
F.2d 1144, 1149 (11th Cir. 1993). Therefore, after an independent review of the Report and
record, it is hereby ORDERED AND ADJUDGED that:
1.

The Report and Recommendation of Magistrate Judge Patrick A. White (D.E.
25), issued on May 31, 2011, is ADOPTED;

2.

Petitioner’s Petition for Writ of Mandamus (D.E. 1), filed on February 12,
2010, is DISMISSED as moot;

3.

All pending motions are DENIED as moot;

4.

This Case is now CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida this 15th day of September,
2011.
_________________________________
JOAN A. LENARD
UNITED STATES DISTRICT JUDGE

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