In re: Kinley MacDonald Petition for Writ of Mandamus, No. 2:2022cv00336 - Document 4 (D. Me. 2022)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION accepting 2 Report and Recommended Decision; dismissing 1 Motion for Writ of Mandamus filed by KINLEY MACDONALD, By JUDGE JOHN A. WOODCOCK, JR. (CCS)
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In re: Kinley MacDonald Petition for Writ of Mandamus Doc. 4 Case 2:22-cv-00336-JAW Document 4 Filed 12/16/22 Page 1 of 2 PageID #: 46 UNITED STATES DISTRICT COURT DISTRICT OF MAINE IN RE: KINLEY MACDONALD ) ) ) ) 2:22-cv-00336-JAW ORDER AFFIRMING RECOMMENDED DECISION On October 21, 2022, Petitioner Kinley MacDonald, proceeding pro se, petitioned the Court for a writ of mandamus. Pet. (ECF No. 1). The United States Magistrate Judge filed with the Court on December 1, 2022 his Recommended Decision (ECF No. 2), recommending that the Court dismiss the petition. Ms. MacDonald filed an objection on November 23, 2022. Pet’r’s Obj. to Recommended Decision on Pet. for Writ of Mandamus (ECF No. 3) (Pet’r’s Obj.). The Court reviewed and considered the Magistrate Judge’s Recommended Decision, together with the entire record; the Court made a de novo determination of all matters adjudicated by the Magistrate Judge’s Recommended Decision; and the Court concurs with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision and dismisses the petition for writ of mandamus. The Court notes for Ms. MacDonald that, while she has identified statutes that give federal courts jurisdiction over certain matters, Pet’r’s Obj. at 1, no statute gives a federal court authority to issue a writ of mandamus directing a state court in the performance of its official duties. See Recommended Decision at 1 (collecting cases). 1. It is therefore ORDERED that the Recommended Decision of the Dockets.Justia.com Case 2:22-cv-00336-JAW Document 4 Filed 12/16/22 Page 2 of 2 PageID #: 47 Magistrate Judge (ECF No. 2) be and hereby is AFFIRMED. 2. It is further ORDERED that Kinley MacDonald’s Petition for Writ of Mandamus (ECF No. 1) be and hereby is DISMISSED. SO ORDERED. /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE Dated this 16th day of December, 2022 2
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