Fekete et al v. J.P. Morgan Chase Bank

Filing 16

DECISION & ORDER re 14 Report-Recommendation. ORDERED that the complaint is DISMISSED and plaintiffs are GRANTED LEAVE to amend their complaint one last time, in accordance with Magistrate Judge Peebles' recommendation, within thirty days of the issuance of this Order. Signed by Senior Judge Thomas J. McAvoy on 5/28/2015. (lah)[copy sent to plaintiffs by regular mail]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
CSABA V. FEKETE and GABRIELA
FEKETE,
Plaintiff,
vs.

3:14-CV-1545

J.P. MORGAN CHASE BANK,
Defendants.
_______________________________________________________________________
Thomas J. McAvoy,
United States District Judge

DECISION & ORDER
This pro se civil rights action pursuant to 42 U.S.C. § 1983 was referred to the Hon.
David E. Peebles, United States Magistrate Judge, for a Report-Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation, dated April 24, 2015, recommended that Plaintiffs’
amended complaint be dismissed, and that Plaintiffs be granted one final opportunity to
amend their complaint within thirty days of the issuance of an order approving that
recommendation.
Plaintiffs filed timely objections to the Report-Recommendation, essentially raising
the same arguments presented to the Magistrate Judge, except that they also argued that
there exists a complete diversity between Plaintiffs (Hungarians) and Defendant (a U.S.
corporation), and thus this court has diversity jurisdiction over Plaintiffs’ claim against
1

Defendant. This allegation was not included in the Amended Complaint.
When objections to a magistrate judge’s Report-Recommendation are lodged, the
Court makes a “de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” See 28 U.S.C. §
636(b)(1). After such a review, the Court may “accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge. The judge may also
receive further evidence or recommit the matter to the magistrate judge with instructions.”
Id.
Having reviewed the record de novo and having considered the issues raised in the
Plaintiffs’ objections, this Court has determined to accept and adopt the recommendation
of Magistrate Judge Peebles for the reasons stated in the Report-Recommendation.
Plaintiffs’ Amended Complaint does not contain allegations sufficient to establish diversity
jurisdiction.
It is therefore
ORDERED that the complaint is DISMISSED, and Plaintiffs are GRANTED LEAVE
to amend their complaint one last time in accordance with the Magistrate Judge’s
recommendations, within thirty days of the issuance of this order.

IT IS SO ORDERED.
Dated: May 28, 2015

2