Opinion
Case No. 3:09cv483/MCR/EMT.
November 19, 2009
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated November 3, 2009. (Doc. 4). Petitioner has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Petitioner's "Motion to Compel 28 U.S.C. § 1361," construed as a petition for writ of mandamus (doc. 1), is DISMISSED for lack of jurisdiction.
DONE AND ORDERED