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Ahmed v. Napolitano

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 25, 2010

ATHEER AHMED, PLAINTIFF
v.
JANET NAPOLITANO, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 25th day of January, 2010, upon consideration of the report (Doc. 4) of the magistrate judge, recommending that plaintiff's complaint in mandamus (Doc. 1) be dismissed as moot, and, following an independent review of the record, it appearing that plaintiff filed suit to compel defendants to act upon his application for permanent residence, (see Doc. 1), and that plaintiff's application was approved on January 4, 2010, (see Doc. 3), and it further appearing that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"),

it is hereby ORDERED that:

1. The report and recommendation (Doc. 4) of the magistrate judge is ADOPTED.

2. The complaint in mandamus (Doc. 1) is DISMISSED as moot.

3. The Clerk of Court is instructed to CLOSE this case.


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