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Allen Resto v. B.A. Bledsoe

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


April 12, 2012

ALLEN RESTO,
PETITIONER
v.
B.A. BLEDSOE, ET AL., RESPONDENTS

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 12th day of April, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 3), recommending that the complaint for writ of mandamus (Doc. 1) be dismissed without prejudice and the motion for leave to proceed in forma pauperis (Doc. 2) be granted, and, following an independent review of the record and noting that petitioner filed objections*fn1 to the report on February 13, 2012 (Doc. 4), and the court finding Judge Carlson's analysis to be thorough and well-reasoned, and the court finding petitioner's objections to be without merit and squarely addressed by Judge Carlson's report (Doc. 3), it is hereby ORDERED that:

1. The Complaint for Writ of Mandamus (Doc 1) is DISMISSED without prejudice to petitioner endeavoring to correct the defects cited in the Report and Recommendation, provided that petitioner acts within twenty days from the date of this order.

2. The motion for leave to proceed in forma pauperis is GRANTED solely for the purpose of filing this action.

3. The Clerk of Court is directed to CLOSE this matter.

CHRISTOPHER C. CONNER United States District Judge


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