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Anson v. United States

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


April 22, 2010

DONALD JAMES ANSON, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.

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

ORDER

This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(A). On February 2, 2010, plaintiff filed an application for appointment of counsel.

On March 23, 2010, Magistrate Judge Schroeder filed a Decision and Order, denying plaintiff's application. On April 13, 2010, plaintiff filed an appeal of Magistrate Judge Schroeder's decision.

Pursuant to 28 U.S.C. § 636(b)(1)(A ), the district court "may reconsider any pretrial matter under this [section] where it has been shown that the m agistrate's order is clearly erroneous or contrary to law ." The Court has review ed plaintiff's appeal and M agistrate Judge S chroeder'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 Schroeder's Decision and Order is neither clearly erroneous nor contrary to law .

Accordingly, the court affirms the Decision and Order.

SO ORDERED.

20100422

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