COX, Circuit Judge:
The district court referred the Defendants' motion to dismiss for want of diversity jurisdiction to a magistrate judge, who after argument recommended the motion be granted. Pursuant to Fed.R.Civ.P. 43(e), the magistrate judge based his recommendation solely on written materials, including Plaintiff Jack Sunseri's affidavit, deposition and other documents. The district court adopted the magistrate judge's Report and Recommendation and dismissed...
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