Miller v. Buffalo Public Schools
Filing
14
DECISION AND ORDER adopting Judge McCarthy's Report and Recommendation, Docket Item 13 , granting in part and denying in part the defendant's motion to dismiss, Docket Item 7 . The case is referred back to Judge McCarthy for further proceedings consistent with the referral order of August 1, 2018, Docket Item 8 . SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 9/13/2019. (LCH)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
MARIA D. MILLER,
Plaintiff,
v.
18-CV-583
DECISION AND ORDER
BUFFALO PUBLIC SCHOOLS,
Defendant.
On May 28, 2018, the plaintiff, Maria D. Miller, commenced this action. Docket
Item 1. On July 26, 2018, the defendant moved to dismiss, Docket Item 7 On August 1,
2018, this Court referred this case to United States Magistrate Judge Jeremiah J.
McCarthy for all proceedings under 28 U.S.C. § 636(b)(1)(A) and (B). Docket Item 8.
On September 10, 2018, Miller responded to the defendant’s motion to dismiss. Docket
Item 12. On November 6, 2018, Judge McCarthy issued a Report and
Recommendation ("R&R") finding that the defendant's motion should be granted in part
and denied in part. Docket Item 13. The parties did not object to the R&R, and the time
to do so now has expired. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2).
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 a party objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ.
P. 72(b)(3). But neither 28 U.S.C. § 636 nor Federal Rule of Civil Procedure 72
requires a district court to review the recommendation of a magistrate judge to which no
objections are raised. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985).
Although not required to do so in light of the above, this Court nevertheless has
reviewed Judge McCarthy's R&R as well as the parties’ submissions to him. Based on
that review and the absence of any objections, the Court accepts and adopts
Judge McCarthy's recommendation to grant in part and deny in part the defendant's
motion to dismiss.
For the reasons stated above and in the R&R, the defendant's motion to dismiss,
Docket Item 7, is GRANTED in part and DENIED in part. The case is referred back to
Judge McCarthy for further proceedings consistent with the referral order of August 1,
2018, Docket Item 8.
SO ORDERED.
Dated:
September 13, 2019
Buffalo, New York
s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?