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James J. Moran v. Dr. Lebowitz

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


April 29, 2013

JAMES J. MORAN, PLAINTIFF
v.
DR. LEBOWITZ, ET AL., DEFENDANTS

The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

ORDER

On March 27, 2013, the Honorable Marian W. Payson, United States Magistrate Judge, issued a Report and Recommendation (Docket No. [#44]), recommending that Plaintiff's motion to amend [#17] be denied, w ithout prejudice to him filing another amended complaint. No objections w ere filed to the Report and Recommendation, and the time for doing so has now expired. Accordingly, it is hereby ORDERED, that the Report and Recommendation [#44] is affirmed and adopted in all respects; and it is further ORDERED, that Plaintiff's motion to amend [#17] is denied; and it is further ORDERED, that w ithin thirty (30) days of the date of this Decision and Order, Plaintiff may file and serve an amended complaint that complies w ith the directions contained in the Report and Recommendation; in that regard Plaintiff is reminded that the amended pleading is intended to completely replace all prior pleadings.

SO ORDERED.

ENTER:

Charles J. Siragusa

20130429

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