Slingbaum v. M&T Bank Corp. et al

Filing 14

DECISION AND ORDER adopting 8 Report and Recommendation and granting 2 the defendants' motion to dismiss. The plaintiff's 12 13 motions to expedite are denied as moot. The Clerk of the Court shall close the file. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 4/6/2019. Chambers mailed a copy of Decision and Order to pro se plaintiff Edward A. Slingbaum on 4/6/2019. (LCH)-CLERK TO FOLLOW UP- (Main Document 14 replaced on 4/6/2019) (LCH).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

EDWARD A. SLINGBAUM,
P.O.A. for Walter M. Kirby, Jr. and
individually
Plaintiff,

18-CV-47
DECISION AND ORDER

v.
M&T BANK CORP.; and
CEO ROBERT G. WILMERS,
Defendants.

On January 1, 2018, the pro se plaintiff, Edward A. Slingbaum, commenced this
action, Docket Item 1, and on March 1, 2018, the defendants moved to dismiss, Docket
Item 2. On March 2, 2018, this Court referred this case to United States Magistrate
Judge Michael J. Roemer for all proceedings under 28 U.S.C. § 636(b)(1)(A) and (B).
Docket Item 3. On March 9, 2018, the plaintiff responded to the defendants’ motion to
dismiss, Docket Item 4; and on April 16, 2018, the defendants replied, Docket Item 5.
On May 5, 2018, Judge Roemer issued a Report and Recommendation, finding that the
defendants' motion should be granted. Docket Item 8.
On May 11, 2018, the plaintiff objected to the R&R. Docket Item 9. On June 6,
2018, the defendants responded to the objections. Docket Item 11.
A district court may accept, reject, or modify the findings or recommendations of
a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). A district court
must conduct a de novo review of those portions of a magistrate judge’s

recommendation to which objection is made. 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72(b)(3).
This Court has carefully reviewed the thorough R&R, the record in this case, the
objection and response, and the pleadings and materials submitted by the parties.
Based on that de novo review, the Court accepts and adopts Judge Roemer’s
recommendation to grant the defendants' motion in its entirety.
For the reasons stated above and in the Report and Recommendation, the
defendants' motion to dismiss, Docket Item 2, is GRANTED; the complaint, Docket
Item 1, is dismissed without prejudice; the plaintiff’s motions to expedite, Docket Items
12 and 13, are denied as moot; and the Clerk of the Court shall close the file.
SO ORDERED.

Dated:

April 6, 2019
Buffalo, New York

s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

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