The opinion of the court was delivered by: Hurley, Senior District Judge
Reopening Case and -against- Adopting Report & Recommendation (doc. #10)
Due to an inadvertance, this case was prematurely closed. Therefore, IT IS HEREBY ORDERED THAT THIS CASE BE REOPENED to allow the Court to considered the outstanding Report & Recommendation made by Magistrate Judge Arlene R. Lindsay.
On June 7, 2002, this Court granted Plaintiff's motion for an entry of default judgment (doc. #3) against Defendant Karl Lonieski and, pursuant to 28 U.S.C. § 636(b)(3), referred the case to United States Magistrate Judge Arlene R. Lindsay for a report and recommendation as to damages and attorney's fees. On October 8, 2002, Judge Lindsay issued a Report and Recommendation in this case (doc. #10), recommending that Plaintiff be awarded: (1) $4,000.00 in damages; (2) $855.00 in attorney's fees; and (3) the $180.00 in costs, for an aggregate of $5,035.00. Pursuant to the Magistrate Judge's direction, on October 28, 2002, Plaintiff served Defendant with a copy of the Report and Recommendation. To date, no objections to the Report and Recommendation have been filed.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed for clear error the Report and Recommendation of Magistrate Judge Lindsay. The Court finds no such error; further, it concurs in both the reasoning and result of the Report and Recommendation. Accordingly:
(1) This Court adopts the October 8, 2002 Report and Recommendation of Magistrate Judge Lindsay (doc. #10) as if set forth herein;
(2) Plaintiff is awarded a total of $5,035.00; and
(3) Upon entry of judgment, the Clerk of Court is directed to close this case.
Denis R. Hurley, Senior United States District Judge
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