Miller v. Buffalo Public Schools

Filing 46

DECISION & ORDER granting 34 Motion for Summary Judgment; adopting 42 Report and Recommendations. The Clerk of the Court shall enter judgment for the defendant and close this case. Signed by Hon. Lawrence J. Vilardo on 5/4/2022.(RFI)-CLERK TO FOLLOW UP-

Case 1:18-cv-00583-LJV-JJM Document 46 Filed 05/04/22 Page 1 of 2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
MARIA D. MILLER,
Plaintiff,
v.
BUFFALO PUBLIC SCHOOLS,

18-CV-583-LJV-JJM
DECISION & ORDER

Defendant.

On May 21, 2018, the plaintiff, Maria D. Miller, commenced this action alleging
violations of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., in
connection with her employment by the defendant, Buffalo Public Schools. Docket
Item 1. 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 June 3, 2021, the defendant moved for summary judgment, Docket Item 34;
on August 10, 2021, the plaintiff responded, Docket Item 40; and on August 31, 2021,
the defendant replied, Docket Item 41. On November 4, 2021, Judge McCarthy issued
a Report and Recommendation (“R&R”) finding that the defendant's motion should be
granted. Docket Item 42.
On November 18, 2021, the plaintiff objected to the R&R on the grounds that she
“disagrees with the application of the law to the facts of this case.” Docket Item 43.
She did not, however, cite a single case in support of her arguments, nor did she offer
much more than her disagreement with Judge McCarthy by way of analysis. See id.

Case 1:18-cv-00583-LJV-JJM Document 46 Filed 05/04/22 Page 2 of 2

On December 10, 2021, the defendant responded to the objection. Docket Item 45.
The plaintiff did not reply, and the time to do so now has passed. See Docket Item 44.
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). The court must
review de novo 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).
This Court has carefully and thoroughly reviewed the R&R; the record in this
case; the objection and response; and the materials submitted to Judge McCarthy.
Based on that de novo review, the Court accepts and adopts Judge McCarthy’s
recommendation to grant the defendant's motion for summary judgment for the reasons
stated in the R&R.
CONCLUSION
For the reasons stated above and in the R&R, the defendant's motion for
summary judgment, Docket Item 34, is GRANTED. The Clerk of the Court shall enter
judgment for the defendant and close this case.
SO ORDERED.

Dated:

May 4, 2022
Buffalo, New York

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

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