Blackmer v. US Department of Justice

Filing 6

ORDER denying as moot, without prejudice to refiling 3 Motion to Attach Prior Submitted Petition. So Ordered by Magistrate Judge Landya B. McCafferty. (vln)

Blackmer v. US Department of Justice

Doc. 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Paul Blackmer v. United States Department of Justice ORDER Before the Court for preliminary review is pro se plaintiff Paul Blackmer's Petition for Writ of Mandamus (doc. no. 1), pursuant to 28 U.S.C. § 1361. Also pending is Blackmer's motion Civil No. 10-cv-124-SM

(doc. no. 3), seeking leave to append to his mandamus petition the complete record in an earlier case seeking relief based on similar claims, Blackmer v. N.H. Atty. General, No. 03-cv-151-JD ("§ 1651 Petition"). For reasons stated more fully in the Report and Recommendation issued this date, I have recommended dismissal of the mandamus petition (doc. no. 1), for lack of jurisdiction, because defendant United States Justice Department has no duty to perform the act requested. Should that recommendation be Accordingly, the pending

accepted, the case will be dismissed.

motion (doc. no. 3) is denied as moot, without prejudice to refiling if the Report and Recommendation is not accepted. SO ORDERED. ____________________________________ Landya B. McCafferty United States Magistrate Judge Date: July 7, 2010 cc: Paul Blackmer, pro se
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