Mahany v. City of Buffalo Police Department, State of New York et al

Filing 62

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-

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

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