Obot v. Internal Revenue Service

Filing 11

-CLERK TO FOLLOW UP-ORDER granting 2 Motion to Dismiss for Lack of Jurisdiction; denying 5 Motion to Amend or Correct; adopting Report and Recommendation re 10 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 10/16/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
OTU A. OBOT,
Plaintiff,
v.

ORDER
12-CV–1053

INTERNAL REVENUE SERVICE,
Defendants.

The above-referenced case was referred to Magistrate Judge Leslie
G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B). On September 26, 2013,
Magistrate Judge Foschio filed a combined Report and Recommendation and
Decision and Order (Dkt. No. 10) recommending that defendant's motion to
dismiss for lack of subject matter jurisdiction be granted and that pro se plaintiff
Otu A. Obot's motion seeking leave to file an amended complaint be denied.
The Court has carefully reviewed the Report and Recommendation
and Decision and Order (Dkt. No. 10), the record in this case, and the pleadings
and materials submitted by the parties, and no objections having been timely
filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the
reasons set forth in Magistrate Judge Foschio’s Report and Recommendation
and Decision and Order, defendant's motion to dismiss for lack of subject matter

jurisdiction is granted and plaintiff's motion seeking leave to file an amended
complaint is denied.
The Clerk of Court shall take all steps necessary to close the case.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: October 16, 2013

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