Opinion
Case No: 3:05cv320/RV/EMT.
August 28, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated July 25, 2006. Plaintiff 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 ade novo determination of all timely filed objections.
Having considered the report and recommendation, and all 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. Defendant's motion to dismiss (Doc. 22) is GRANTED.
3. The petition for writ of mandamus (Doc. 1) is DISMISSED with prejudice and the clerk is directed to close the file.
DONE AND ORDERED.