United States District Court, W.D. New York
June 24, 2005.
ALEXANDER SHRIRA, M.D. Plaintiff,
THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, et al. Defendants.
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
This case was referred to Magistrate Judge Leslie G. Foschio,
pursuant to 28 U.S.C. § 636(b)(1), on October 18, 2002. Motions
to dismiss the amended complaint were filed by defendant
University Medical Resident Services on January 31, 2005, and by
defendant State University of New York at Buffalo on February 1,
2005. Plaintiff filed a motion for leave to file a second amended
complaint on March 28, 2005.
On April 15, 2005, Magistrate Judge Foschio filed a Report and
Recommendation, recommending that defendants' motions to dismiss
the amended complaint be granted. The Magistrate Judge further
recommended that the amended complaint as against the newly added
defendants be dismissed sua sponte. The Magistrate Judge also dismissed
plaintiff's motion to file a second amended complaint as moot.
Plaintiff filed objections to the Report and Recommendation on
June 3, 2005. Defendants filed a response on June 16, 2005.
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 of the parties, the Court adopts the
proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge
Foschio's Report and Recommendation, defendants motion to dismiss
the amended complaint are granted and the amended complaint is
dismissed. The Clerk of Court shall take all steps necessary to
close the case.
IT IS SO ORDERED.
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