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Ducey v. Feinerman

April 3, 2009

SCOTT R. DUCEY, PLAINTIFF,
v.
ADRIEN FEINERMAN, DEFENDANT.



The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM and ORDER

On March 11, 2009, Magistrate Judge Wilkerson submitted a Report recommending that the Court grant the Defendant's motion for summary judgment and dismiss this case (Doc. 93). After no objections to the Report were received, the Court adopted the Report and dismissed the case without conducting de novo review (Docs. 95 & 96).

On April 2, 2009, the Court received Ducey's objection (Doc. 97). On full review of the document and its accompanying envelope, it does appear that Ducey placed his objection in the mail before the objection deadline passed.

Accordingly, the Court now VACATES the Order dismissing the case (Doc. 95), and VACATES the judgment in favor of defendant (Doc. 96). The case is REOPENED and both Defendant's motion for summary judgment (Doc. 74) and Judge Wilkerson's Report and Recommendation (Doc. 95) shall be reinstated as pending. The Court will conduct de novo review as to those portions of the Report to which Ducey has made specific objections.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090403

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