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Frederick Banks v. Brendan T. Conway

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


May 31, 2011

FREDERICK BANKS,
PETITIONER
v.
BRENDAN T. CONWAY, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 31st day of May, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 5), recommending that the Petition for Writ of Mandamus (Doc. 1) be dismissed, and, following an independent review of the record and noting that petitioner filed objections*fn1 to the report on April 20, 2011 (Doc. 6), and the court finding Judge Blewitt's analysis to be thorough and well-reasoned, and the court finding petitioner's objections to be without merit and squarely addressed by Judge Blewitt's report, it is hereby ORDERED that:

1. The Report and Recommendation of the magistrate judge (Doc. 5) are ADOPTED.

2. The Petition for Writ of Mandamus (Doc. 1) is DISMISSED.

3. The Motion for Leave to Proceed in forma pauperis (Doc. 2) is GRANTED solely for the purpose of filing this action.

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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