U.S. v. Smith

Full title: UNITED STATES OF AMERICA, Plaintiff, v. TERRI C. SMITH, et al., Defendants

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

Date published: Mar 19, 2004

01-CV-39S (W.D.N.Y. Mar. 19, 2004)

Opinion

01-CV-39S.

March 19, 2004

DECISION AND ORDER

WILLIAM SKRETNY, District Judge

1. On February 10, 2004, the Honorable H. Kenneth Schroeder, Jr., United States Magistrate Judge, filed a Report, Recommendation, and Order, which recommended that Plaintiff's Motion for Summary Judgment be granted.

2. No objections to the Report, Recommendation, and Order were received within ten (10) days from the date of its service, in accordance with Rule 72(b) of the Federal Rules of Civil Procedure and Rule 72.3(a)(3) of the Local Rules of Civil Procedure.

3. This Court having carefully reviewed Judge Schroeder's Report, Recommendation, and Order, as well as the pleadings and materials submitted by the parties,

IT HEREBY IS ORDERED that this Court ACCEPTS Judge Schroeder's Report, Recommendation, and Order (Docket No. 88) in its entirety, including the authorities cited and the reasons given therein.

FURTHER, that Plaintiff's Motion for Summary Judgment (Docket No. 48) is GRANTED.

FURTHER, that Plaintiff shall submit a proposed Judgment of Foreclosure and Sale consistent with the Report, Recommendation, and Order, on or before Monday, April 12, 2004.

FURTHER, that the proposed judgment shall be submitted in accordance with Section 2(j) of the Administrative Procedures Guide for the Western District of New York.

SO ORDERED.