Opinion
CIVIL ACTION NO. 1:07-CV-00046.
September 18, 2007
ORDER
This matter is before the Court upon a motion by the Petitioner, Linda S. Wilson, objecting to the Magistrate's Findings of Fact, Conclusions of Law, and Recommendations. (DN 16). In his Recommendation, the Magistrate concluded that the Court should not grant Wilson's petition for a writ of mandamus. (DN 15). Notwithstanding the Petitioner's objections, the Court agrees with the Magistrate's conclusion that the Respondent does not have a clear duty to accept and file motions in a closed bankruptcy where the filing party has not moved to reopen the case or tendered the appropriate reopening fee. For this reason, the Court hereby adopts the Magistrate's Recommendation and DENIES Wilson's petition for a writ of mandamus. IT IS SO ORDERED.