HANKERSON v. UNITED STATES OF AMERICA

Filing 21

ORDER ADOPTING 19 Report and Recommendations; DENYING 1 Motion for Writ of Mandamus and GRANTING 15 Motion to Dismiss for Failure to State a Claim. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 2/7/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CLEVELAND HANKERSON,
Petitioner,
v.
UNITED STATES DEPARTMENT OF
PROBATION AND PAROLE,
Defendant.

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CIVIL ACTION NO. 5:13-CV-78 (MTT)

ORDER
This matter is before the Court on Magistrate Judge Charles H. Weigle’s
Recommendation (Doc. 19) on the Defendant’s motion to dismiss (Doc. 15). The
Magistrate Judge recommends dismissing the Petitioner’s request for a writ of
mandamus (Doc. 1) because he has no right to the requested relief under either the
Freedom of Information Act or the Privacy Act, the Defendant has no clear duty to act,
and the Petitioner cannot show that no other adequate remedy is available. The
Petitioner has objected to the Recommendation (Doc. 20), contending the Magistrate
Judge misconstrued his request.
The Court has thoroughly considered the Petitioner’s objection and has made a
de novo determination of the portions of the Recommendation to which the Petitioner
objects. The Court accepts and adopts the findings, conclusions, and
recommendations of the Magistrate Judge. The Recommendation is ADOPTED and
made the order of this Court. Accordingly, the Defendant’s motion to dismiss (Doc. 15)
is GRANTED, and the petition for writ of mandamus is DISMISSED.

SO ORDERED, this 7th day of February, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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