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Sheehy v. Johanns

United States District Court, W.D. New York
Feb 27, 2007
06-CV-66 (W.D.N.Y. Feb. 27, 2007)

Summary

rejecting contention that the "record" would include "everything in FSA, USDA, and NAD's possession" related to the farmers instead of just the materials presented to the NAD during the hearings

Summary of this case from REITZ v. USDA, FARM SERVICE AGENCY

Opinion

06-CV-66.

February 27, 2007


ORDER


This case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C. § 636(b)(1). Respondents filed a motion for summary judgment on the administrative record and petitioners filed motions for injunctive relief and to seal documents. On January 11, 2007, Magistrate Judge Scott filed a Report and Recommendation, recommending that petitioners' motions for preliminary injunction and related relief be denied and respondents' cross-motion for summary judgment on the administrative record be granted.

Petitioners filed objections to the Report and Recommendation on January 30, 2007.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, and Recommendation, petitioners' motions for preliminary injunction and related relief (Docket nos. 21 and 24) are denied and respondents' cross-motion for summary judgment on the administrative record (Docket no. 35) is granted. The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.


Summaries of

Sheehy v. Johanns

United States District Court, W.D. New York
Feb 27, 2007
06-CV-66 (W.D.N.Y. Feb. 27, 2007)

rejecting contention that the "record" would include "everything in FSA, USDA, and NAD's possession" related to the farmers instead of just the materials presented to the NAD during the hearings

Summary of this case from REITZ v. USDA, FARM SERVICE AGENCY
Case details for

Sheehy v. Johanns

Case Details

Full title:BILLIE J. SWEET RAIN SHEEHY, et al., Petitioners, v. MIKE JOHANNS…

Court:United States District Court, W.D. New York

Date published: Feb 27, 2007

Citations

06-CV-66 (W.D.N.Y. Feb. 27, 2007)

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