Ajax 2018-Reo LLC v. Rossler et al, No. 1:2019cv01617 - Document 10 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 7 ) is ACCEPTED and ADOPTED in its entirety. This matter be remanded to the Glenville Town Court in the County of Schenectady. The Clerk of Court transmit a cop y of this Decision and Order to the Clerk of the Glenville Town Court in Schenectady County. The Court certifies that an appeal from this Decision and Order would not be taken in good faith. Signed by Chief Judge Glenn T. Suddaby on 4/6/2020. (Copy served upon non-electronic parties and to the Glenville Town Court of Schenectady County via regular mail). (sal )
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Ajax 2018-Reo LLC v. Rossler et al Doc. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ AJAX 2018-REO, LLC, In care of Gregory Funding, LLC, Plaintiff, 1:19-CV-1617 (GTS/DJS) v. ANTHONY ROSSLER; and DOES 1-10, Inclusive, Defendants. __________________________________________ APPEARANCES: ANTHONY J. ROSSLER Defendant, Pro Se 1458 Vley Road Schenectady, New York 12302 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this pro se removal action filed by Anthony J. Rossler (“Defendant”) against Ajax 2018-REO, LLC (“Plaintiff”), are (1) United States Magistrate Judge Daniel J. Stewart’s Report-Recommendation recommending that this matter be remanded to Glenville Town Court in Schenectady County from which it was removed, and (2) Defendant Rossler’s Objection to the Report-Recommendation. (Dkt. Nos. 7, 9.) After carefully reviewing the relevant filings in this action, the Court can find no error in the Report-Recommendation, clear or otherwise: Magistrate Judge Stewart employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 7.) To those reasons, the Court would add only that, even if Plaintiff were entitled to the Dockets.Justia.com full measure of special solicitude (which is unlikely given that his Objection appears to have been prepared through the assistance of counsel), he may not use the factual allegations set forth in his Objection to effectively amend “the initial pleading” that is required by 28 U.S.C. § 1446(b) and that was omitted from his notice of removal. ACCORDINGLY, it is ORDERED that Magistrate Judge Stewart’s Report-Recommendation (Dkt. No. 7) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that this matter be remanded to the Glenville Town Court in the County of Schenectady; and it is further ORDERED that the Clerk of Court transmit a copy of this Decision and Order to the Clerk of the Glenville Town Court in Schenectady County. The Court certifies that an appeal from this Decision and Order would not be taken in good faith. Dated: April ___, 6 2020 Syracuse, New York _________________________________ HON. GLENN T. SUDDABY Chief United States District Judge 2
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