PALESKY v. INTERNAL REVENUE SERVICE

Filing 43

ORDER AFFIRMING RECOMMENDED DECISION AND MEMORANDUM DECISION OF THE MAGISTRATE JUDGE re 36 Report and Recommendations and 40 Appeal of Magistrate Judge Decision to District Court. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
CAROL PALESKY,
PLAINTIFF
v.
INTERNAL REVENUE SERVICE,
DEFENDANT

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CIVIL NO. 10-270-P-H

ORDER AFFIRMING RECOMMENDED DECISION AND
MEMORANDUM DECISION OF THE MAGISTRATE JUDGE
On March 31, 2011, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Decision on Motion to Dismiss
and Memorandum Decision on Motion for Leave to Amend Complaint.

On

April 15, 2011, the plaintiff filed an appeal of the memorandum decision to the
District Court, and on April 22, 2011, the plaintiff filed an objection to the
Recommended Decision.

I have reviewed and considered the Recommended

Decision and the Memorandum Decision, together with the entire record; I
have made a de novo determination of all matters adjudicated by the
Recommended Decision and the Memorandum Decision; and I concur with the
recommendations and decision of the United States Magistrate Judge for the
reasons set forth in the Recommended Decision and the Memorandum
Decision, and determine that no further proceeding is necessary.

It is therefore ORDERED that the Memorandum Decision of the Magistrate
Judge denying the plaintiff’s motion to amend complaint is AFFIRMED.
It is further ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The defendant’s motion to dismiss is GRANTED.
SO ORDERED.
DATED THIS 25TH DAY OF APRIL, 2011
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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