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Harris v. Fischer

September 27, 2010

DUDLEY HARRIS, PLAINTIFF,
v.
FISCHER, ET AL DEFENDANTS.



The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

The above action was transferred in from the Western District of New York in March 2008. A Stipulation of Dismissal was filed in this district on April 12, 2010. Plaintiff, Dudley Harris, has now requested that that contract be rescinded and the matter be placed on the active trial calendar due to defendants' failure to pay the agreed upon amount to settle the matter. Defendants responded. By Report-Recommendation dated September 2, 2010, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that plaintiff's letter motion (Docket No. 81) be denied. The plaintiff has not objected to the Report-Recommendation.

Based upon a careful review of the file, and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. Plaintiff's letter motion (Docket No. 81) is DENIED.

2. The file will not be reopened.

IT IS SO ORDERED.

20100927

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