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Pendergrass v. Sanney

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


March 3, 2008

MICHAEL PENDERGRASS,
v.
T. SANNEY, ET AL., DEFENDANTS.

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

ORDER

This case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(A). P laintiff filed a m otion to appoint counsel.

On M arch 1, 2007, M agistrate Judge S cott filed a D ecision and O rder, denying plaintiff's m otion for appointm ent of counsel.

Pursuant to 28 U .S .C . § 636(b)(1)(A ), the district court "m ay reconsider any pretrial m atter under this [section] w here it has been show n that the m agistrate's order is clearly erroneous or contrary to law ." The C court has review ed defendants' objections and M agistrate Judge S cott's D ecision and O rder. U pon such review and after hearing argum ent from counsel, the C court finds that M agistrate Judge S cott's D ecision and O rder is neither clearly erroneous nor contrary to law .

Accordingly, the Court affirms the Decision and Order.

SO ORDERED.

20080303

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