Grigoryan v. Pallet Service, Inc.

Filing 17

ORDER: Adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation as filed on February 14, 2014. Plaintiff's motion for appointment of counsel is denied without prejudice. Defendant's motion to dismiss 6 is granted , without prejudice to plaintiff filing an amended complaint. Plaintiff shall file an amended complaint on or before June 2, 2014. If an amended complaint is not filed by that date, the Clerk of the Court is instructed to close the case. Signed by Hon. Richard J. Arcara on 5/2/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

LEV GRIGORYOU,
Plaintiff,
v.

ORDER
13-CV–526

PALLET SERVICE INC.,
Defendant.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. §636(b)(1)(B). Plaintiff, who is proceeding pro
se, filed a motion to appoint counsel. (Dkt. No. 9) Defendant filed a motion to
dismiss plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).
(Dkt. No. 6) On February 14, 2014, Magistrate Judge McCarthy issued a Report,
Recommendation and Order denying, without prejudice, plaintiff’s motion for
appointment of counsel, and recommending that defendant’s motion to dismiss
the complaint be granted, without prejudice to plaintiff filing an amended
complaint.
Plaintiff filed objections on April 3, 2014. (Dkt. No. 15) Defendant
responded on April 14, 2014, (Dkt. No. 16), at which time the Court considered
the matter submitted.
Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which

objections have been made. Upon de novo review, and after reviewing the
submissions of the parties, the Court adopts the proposed findings of the Report,
Recommendation and Order.
Accordingly, for the reasons set forth in Magistrate Judge McCarthy’s
Report, Recommendation and Order, plaintiff’s motion for appointment of counsel
is denied without prejudice. Defendant’s motion to dismiss is granted, without
prejudice to plaintiff filing an amended complaint. Plaintiff shall file an amended
complaint on or before June 2, 2014. If an amended complaint is not filed by that
date, the Clerk of the Court is instructed to close the case.

SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: May 2, 2014

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