Hannah v. One Communications

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS of United States Magistrate Judge Marian W. Payson 31 and denying plaintiff's motion to amend her complaint and to join three new party defendants 18 . Signed by Hon. David G. Larimer on 1/6/10. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ SHONDA R. HANNAH,

Plaintiff, DECISION AND ORDER 08-CV-6567L v. ONE COMMUNICATIONS CORP.,

Defendant. ________________________________________________

This Court referred pretrial motions to United States Magistrate Judge Marian W. Payson pursuant to 28 U.S.C. § 636. The pro se plaintiff moved to amend her complaint and to join three new party plaintiffs. Defendant opposed both motions. Magistrate Judge Payson issued a Report and Recommendation (Dkt. #31) on December 9, 2009 recommending that the district court deny both aspects of plaintiff's motion to amend. No objections have been filed to the Report and Recommendation. I agree with Magistrate Judge Payson's analysis of the facts and the law and her decision is not clearly erroneous. Therefore, I accept and adopt the Report and Recommendation and deny plaintiff's motion to amend (Dkt. #18).

CONCLUSION I accept and adopt the Report and Recommendation of United States Magistrate Judge Marian W. Payson (Dkt. #31). I deny plaintiff's motion to amend her complaint. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York January 6, 2010.

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