Opinion
1:17-CV-0730 (GTS/DJS)
09-18-2017
LYUBOV YEFIMOVA, Plaintiff, v. TRUSTCO BANK, Defendant.
APPEARANCES: LYUBOV YEFIMOVA Plaintiff, Pro Se Apt. E1L Albany, New York 12207
APPEARANCES: LYUBOV YEFIMOVA
Plaintiff, Pro Se
Apt. E1L
Albany, New York 12207 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER
Currently before the Court, in this pro se civil rights action filed by Lyubov Yefimova ("Plaintiff") against Trustco Bank ("Defendant), are (1) United States Magistrate Judge Daniel J. Stewart's Report-Recommendation recommending that (a) Plaintiff's Complaint be sua sponte dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i),(ii), and (b) Plaintiff be permanently enjoined from filing any other cases in this District without prior leave of the Chief District Judge (after he is permitted a reasonable opportunity to show cause why such an injunction should not be issued), and (2) Plaintiff's Objection to the Report-Recommendation. (Dkt. Nos. 5, 6.) Even when construed with the utmost of special leniency, Plaintiff's Objection fails to assert a specific challenge to any portion of the Report-Recommendation. (Id.) As a result, the Court reviews the Report-Recommendation for only clear error. Based upon a careful review of this matter, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Stewart employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 5.)
When only a general objection is made to a magistrate judge's report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b)(2),(3); Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition; see also Brown v. Peters, 95-CV-1641, 1997 WL 599355, at *2-3 (N.D.N.Y. Sept. 22, 1997) (Pooler, J.) [collecting cases], aff'd without opinion, 175 F.3d 1007 (2d Cir. 1999).
The Court notes that Magistrate Judge Stewart's Report-Recommendation would survive even a de novo review. --------
ACCORDINGLY, it is
ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 5) is ACCEPTED and ADOPTED ; and it is further
ORDERED that Plaintiff's Complaint (Dkt. No. 1) is sua sponte DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i),(ii); and it is further
ORDERED that Plaintiff shall, within FOURTEEN (14) DAYS of the date of this Decision and Order, SHOW CAUSE in writing why he should not be permanently enjoined from filing any future pleadings or documents of any kind (including motions) in this District pro se without prior leave of the Chief Judge or his or her designee (except pleadings or documents in a case that is open at the time of the issuance of the Court's Pre-Filing Order, until that case is closed); and it is further
ORDERED that, if Plaintiff does not fully comply with this Decision and Order, the Court will issue a subsequent order, without further explanation, permanently so enjoining him; and it is further
ORDERED that the Clerk shall serve a copy of this Decision and Order on Plaintiff by certified mail. Dated: September 18, 2017
Syracuse, New York
/s/_________
HON. GLENN T. SUDDABY
United States District Judge