Obot v. Sallie Mae

Filing 24

-CLERK TO FOLLOW UP-ORDER adopting Magistrate Judge Schroeder's Report, Recommendation and Order 18 filed on December 23, 2013 granting defendant's Motion to Dismiss for Failure to State a Claim 6 . The Clerk of the Court shall close the case. Signed by Hon. Richard J. Arcara on 3/12/2014. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

OTU A. OBOT,
Plaintiff,
v.

ORDER
13-CV–656

SALLIE MAE,
Defendant.

The above-referenced case was referred to Magistrate Judge H. Kenneth
Schroeder, Jr., pursuant to 28 U.S.C. §636(b)(1)(B). Defendant filed a motion to
dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure for failure to allege sufficient facts to state a plausible cause of action.
(Dkt. No. 6) On December 23, 2013, Magistrate Judge Schroeder issued a
Report, Recommendation and Order recommending that defendant’s motion to
dismiss be granted.
Plaintiff filed objections to the Report, Recommendation and Order on
January 10, 2014. (Dkt. No. 19) Defendant filed a response (Dkt. No. 20),
plaintiff filed a reply (Dkt. No. 23), and the Court deemed the matter submitted
without oral argument.
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 Schroeder’s
Report, Recommendation and Order, defendant’s motion to dismiss the complaint
is granted.
The Clerk of the Court is instructed to close the case.

SO ORDERED.

Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
Dated: March 12, 2014

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