Opinion
10 Civ. 3338 (SHS).
November 16, 2010
ORDER
On October 29, 2010, Magistrate Judge Ronald L. Ellis issued a Report and Recommendation recommending that pro se plaintiff's motion to remove this case from this jurisdiction and remand it to the appropriate state court be denied as there is no prior court to remand to, and that the case be dismissed for lack of diversity jurisdiction. To date, no objections have been received from plaintiff. After a de novo review of the Report and Recommendation,
IT IS HEREBY ORDERED that Magistrate Judge Ellis' Report and Recommendation is adopted, plaintiffs motion for remand is denied, and this case is dismissed without prejudice to plaintiffs ability to refile his claim in state court, if he so chooses.
Dated: New York, New York
November 16, 2010
SO ORDERED: