Young v. Federal Bureau of Investigation

Filing 5

REPORT AND RECOMMENDATION re 1 MOTION for Writ of Mandamus filed by Anthony Young, 2 MOTION for Leave to Appeal in forma pauperis filed by Anthony Young, Objections to R&R due by 2/21/2006. Signed by Judge G. Mallon Faircloth on 2/1/06. (Faircloth, G.)

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Young v. Federal Bureau of Investigation Doc. 5 Case 4:06-cv-00016-CDL Document 5 Filed 02/01/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FO R THE M ID D LE DISTRICT OF GEORGIA C O L UM B U S DIVISION A N T H O N Y YOUNG : : Petitioner, : : VS. : : F E D E R A L BUREAU OF : IN V E ST IG A T IO N , : : Res pon dent. : _____________________________________ CI V I L ACTION NO. 4:06-CV-16 (CDL) W R IT OF MANDAMUS RECOMMENDATION OF DISMISSAL Before the court is Petitioner's application for a writ of mandamus, along with a m o t i o n to proceed without the prepayment of the required filing fee. The Petitioner is curren tly an inmate at the Wilcox State Prison in Abbeville, Georgia. Because the Petitioner is filing his Motion in the federal district court, his use of mandamus is limited. Title 28 of t h e United States Code, 1361 states that "The district courts shall have original jurisdiction o f any action in the nature of mandamus to compel an officer or employee of the United S t a te s or any agency thereof to perform a duty owed to the plaintiff." Thus, federal m a n d a m u s is available only "to compel an officer or employee of the United States ... to perform a duty owed to the Petitioner." 28 U.S.C. 1361 (emphasis added). Here, the P e t i ti o n e r seeks to have the court "issue an order to commence an investigation by the F e d e r a l Bureau of Investigation (F.B.I.), the Defendant(s), against Mrs. Minnie Ruth Jennings-Co o p er, the accused... for the theft and conversion of 200 acres of land located in R a n d o l p h County, Georgia ... " The Petitioner claims that he is heir to the property being Case 4:06-cv-00016-CDL Document 5 Filed 02/01/2006 Page 2 of 2 f r a u d u le n t l y held by Mrs. Jennings-Cooper. The Petitioner's claim, however, fails to state a legitimate basis for mandamus relief under 28 U.S.C. 1361. The allegations in P e t i t i o n e r s ' request fail to allege any duty owed to him which would require the court to c o m p e l court intervention. Therefore, Petitioner fails to state a claim upon which relief can b e granted. As such, Petitioner's request to proceed In Forma Pauperis should also be denied. ACCORDINGLY, IT IS THE RECOMM E N D A T I O N of the United States M agistrate Judge that the instant Petition be DISMISSED without prejudice, for failure to state a claim on which relief may be granted. Pursuant to 28 U.S.C. 636(b)(1), Petitioner may serve and file written objections to this RECOMMENDATION with the United States District Judge, WITHIN TEN (10) DAY S after being served with a copy thereof. S O RECOMM E N D E D , this 1st day of February, in the year 2006. S / G. MALLON FAIRCLOTH U N IT E D STATES MAGISTRATE JUDGE 2

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