Summary
referencing cases dealing with attorneys proceeding pro se and concluding that "[a]lthough proceeding pro se, because [the pro se plaintiff] is a licensed attorney practicing in this District, his complaint is not entitled to the liberal construction generally afforded to the pleadings of pro se plaintiffs"
Summary of this case from Wilson v. Travelers Ins. Co.Opinion
Case No. 12-13901
10-29-2013
Robert Ponte, Plaintiff, v. Chase Bank USA, N.A., et al., Defendants.
Honorable Sean F. Cox
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
This Court referred the following motions filed in this case to Magistrate Judge David Grand for issuance of a report and recommendation pursuant to § 636(b)(1)(B) and (C): 1) Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket Entry No. 29); 2) Defendant Jamie Dimon's Motion to Dismiss for Lack of Personal Jurisdiction (Docket Entry No. 31); 3) and Plaintiff's Motion for Leave to File a Second Amended Complaint (Docket Entry No. 42).
On October 8, 2013, Magistrate Judge Grand issued a Report and Recommendation ("R&R") wherein he recommends that the Court: 1) grant Defendants' Motion to Dismiss for Failure to State a Claim; 2) deny as moot Defendant Dimon's Motion to Dismiss for Lack of Personal Jurisdiction; and 3) deny Plaintiff's Motion to Amend.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after being served with a copy of the R&R. "The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made." Id.
The time for filing objections to the R&R has expired and the docket reflects that no party has filed objections to the R&R.
The Court hereby ADOPTS the October 8, 2013, R&R. IT IS ORDERED that: 1) Defendant's Motion to Dismiss for Failure to State a Claim (Docket Entry No. 29) is GRANTED and Plaintiff's claims shall be DISMISSED WITH PREJUDICE; 2) Defendant Dimon's Motion to Dismiss for Lack of Personal Jurisdiction (Docket Entry No. 31) is DENIED AS MOOT; and 3) Plaintiff's Motion to Amend (Docket Entry No. 42) is DENIED.
IT IS SO ORDERED.
___________________
Sean F. Cox
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on October 29, 2013, by electronic and/or ordinary mail.
Jennifer McCoy
Case Manager