Green v. Hicks

Filing 3

ORDER granting 2 Motion for Leave to Proceed in forma pauperis solely for purposes of this Courts dismissing plaintiffs complaint and dismissing 1 Motion for Writ of Mandamus. Ordered by Judge C. Ashley Royal on 6/18/10 (lap)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION : : : Petitioner : : VS. : : U.S. Magistrate Judge CLAUDE W. : HICKS, JR., : : Respondent : _____________________________________ PHILLIP LEE GREEN, NO. 5:10-cv-212 (CAR) ORDER Petitioner PHILLIP LEE GREEN, a state prisoner presently incarcerated at Macon State Prison in Oglethorpe, Georgia, has submitted a "Petition for a Writ of Mandamus." Solely for purposes of this Court's dismissing plaintiff's complaint, leave to proceed in forma pauperis is hereby granted. Petitioner asserts that U.S. Magistrate Judge Claude W. Hicks' delay in ruling on the defendants' motion to dismiss in petitioner's pending 42 U.S.C. 1983 lawsuit is unreasonable, and he seeks an order from this Court directing Magistrate Judge Hicks to rule on defendants' motion. See Green v. Georgia State Board of Pardons and Paroles, 5:9-cv-197 (HL) (M.D. Ga.). Defendants' motion to dismiss was filed in November 2009 and was ready for review in December 2009. On June 14, 2010, Magistrate Judge Hicks issues a report and recommendation that defendants' motion to dismiss be granted. Petitioner's request for mandamus relief is therefore moot and is hereby DISMISSED. SO ORDERED, this 18th day of June, 2010. S/ C. Ashley Royal C. ASHLEY ROYAL, JUDGE UNITED STATES DISTRICT COURT cr

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