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17-1538 - BYRD v. MANNING

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17-1538 - BYRD v. MANNING
December 11, 2017
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REPORT AND RECOMMENDATION that Petitioner's Petition, which was commenced in forma pauperis, be dismissed with prejudice under 28 U.S.C. ยง1915(e)(2)(B), as frivolous, for failure to state a claim upon which relief may be granted and because this court lacks subject matter jurisdiction over this action. Objections to R&R due by 12/26/2017. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/11/2017. (jmb)
January 23, 2018
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by Judge David S. Cercone on 1/23/18. (njt)MEMORANDUM ORDER directing that 1 Petition for Writ of Mandamus is dismissed with prejudice and further adopting 6 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed