Opinion
CIVIL ACTION No. 06-CV-00343.
October 9, 2007
ORDER
AND NOW, on this 5th day of October, 2007, following an independent and de novo review of the Report and Recommendation of U.S. Magistrate Judge Timothy R. Rice, it is hereby ORDERED that the Report and Recommendation is adopted.
Pursuant to the All Writs Act, 28 U.S.C. § 1651, defendant is directed to fund the guardian's services at a rate of $100 per hour, up to a maximum payment of $10,000. This order is necessary and appropriate to aid in the enforcement and implementation of my May 3, 2006 consent decree, and is agreeable to the usage and
principles of law. See Jones v. Lilly, 37 F.3d 964, 968 (3d Cir. 1994) (court may avail itself of the All Writs Act to achieve the ends of justice entrusted to it and aid in performance of the court's duties). Moreover, in light of the unreasonable behavior of Muse's mother — behavior that was against demonstrated during Judge Rice's October 3, 2007 hearing — the participation of a guardian is critical to protecting Muse B's best interests.