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Sheehy v. Johanns

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 3, 2006

BILLIE J. SWEET RAIN SHEEHY, ET AL., PLAINTIFFS,
v.
MIKE JOHANNS, SECRETARY OF AGRICULTURE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

The above-referenced case was referred to Magistrate Judge Hugh B. Scott , pursuant to 28 U.S.C. § 636(b)(1)(B). On September 12, 2006, Magistrate Judge Scott filed a Report and Recommendation, recommending that the claims of the infant petitioners in this action be dismissed without prejudice pending either retaining legal counsel to represent them or their achieving the age of majority.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, the claims of the infant petitioners in this action are dismissed without prejudice pending either retaining legal counsel to represent them or their achieving the age of majority.

This case is referred back to Magistrate Judge Scott for further proceedings.

IT IS SO ORDERED.

20061003

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