Mahany v. City of Buffalo Police Department, State of New York et al, No. 1:2014cv00693 - Document 62 (W.D.N.Y. 2018)
Court Description: DECISION AND ORDER adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s Report and Recommendation 55 . Plaintiff's motions to vacate prior judgments 3 and to amend her complaint 38 are denied. It is further ordered that Defendant Buf falo Police Department's motion to dismiss and for judgment on the pleadings 27 is granted, and that Defendant Erie County District Attorney Office's motion to dismiss and for judgment on the pleadings 31 is also granted. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 4/12/18. (LAS)-CLERK TO FOLLOW UP-
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Mahany v. City of Buffalo Police Department, State of New York et al Doc. 62 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MOLLY ANN MAHANY, Plaintiff, DECISION AND ORDER 14-CV-693A v. THE POLICE DEPARTMENT FOR THE CITY OF BUFFALO, STATE OF NEW YORK and THE DISTRICT ATTORNEY’S OFFICE FOR THE COUNTY OF ERIE, STATE OF NEW YORK, Defendants. This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On January 9, 2018, Magistrate Judge Schroeder filed a Report and Recommendation (Dkt. No. 55), recommending that Plaintiff’s motions to vacate prior judgments (Dkt. No. 3) and to amend her complaint (Dkt. No. 38) be denied. Magistrate Judge Schroeder further recommended that Defendant Buffalo Police Department’s motion to dismiss and for judgment on the pleadings (Dkt. No. 27) be granted, and that Defendant Erie County District Attorney Office’s motion to dismiss and for judgment on the pleadings (Dkt. No. 31) also be granted. Plaintiff filed objections to the Report and Recommendation (Dkt. No. 56). Both Defendants dispute whether Plaintiff has filed proper objections. See Fed. R. Civ. P. 72(b); L. Civ. R. 72(b) & 72(c). The Court, however, need not resolve this dispute. Even if Plaintiff properly objected to Magistrate Judge Schroeder’s Report and Recommendation – which would require the Court to conduct a de novo review of those Dockets.Justia.com portions of the Report and Recommendation to which objections have been made – the Court would adopt the Report and Recommendation in its entirety. Thus, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder’s Report and Recommendation, Plaintiff’s motions to vacate prior judgments and to amend her complaint are denied. It is further ordered that Defendant Buffalo Police Department’s motion to dismiss and for judgment on the pleadings is granted, and that Defendant Erie County District Attorney Office’s motion to dismiss and for judgment on the pleadings is also granted. The Clerk of Court shall take all steps necessary to close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: April 12, 2018
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