Opinion
1:17-CV-1306 (DNH/DJS)
03-19-2018
DMITRY KRUGLOV, Plaintiff, v. COPART OF CONNECTICUT, INC., CT, doing business as, COPART and USAAutoMarket LLC, IN, doing business as, REX AUTO PARTS, Defendants.
APPEARANCES: DMITRY KRUGLOV Plaintiff pro se 2200 N.W. 72nd Avenue Unit #52-1203 Miami, FL 33152
APPEARANCES: DMITRY KRUGLOV
Plaintiff pro se
2200 N.W. 72nd Avenue
Unit #52-1203
Miami, FL 33152 DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Dmitry Kruglov brought this diversity action alleging a variety of contract and tort based claims stemming from his purchase of a used vehicle. On January 16, 2018, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be sua sponte dismissed due to lack of subject matter jurisdiction; specifically that plaintiff failed to plead a claim to satisfy the $75,000 jurisdictional threshold for a diversity suit. Though untimely, plaintiff submitted objections to the Report-Recommendation which have been considered. Though not directed to do so, plaintiff also filed an amended complaint.
Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). An initial review of the amended complaint demonstrates that plaintiff has not cured the deficiencies identified in the Report-Recommendation and the amended complaint will not be accepted for filing.
Therefore, it is
ORDERED that
Plaintiff's complaint is sua sponte DISMISSED.
The clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 19, 2018
Utica, New York.