Yefimova v. bank trustco
DECISION AND ORDER adopting 4 Report and Recommendations and dismissing the complaint. Signed by Senior Judge Thomas J. McAvoy on 5/15/17. (Copy served via regular and certified mail)(sfp, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
This pro se action was referred to the Hon. Thérèse Wiley Dancks, United States
Magistrate Judge, for initial review. In her May 1, 2017 Order and ReportRecommendation, Magistrate Judge Dancks recommends that the complaint (dkt. # 1) be
dismissed with prejudice “under 28 U.S.C. § 1915(e)(2)(B) on the grounds that the district
court is without subject matter jurisdiction over Plaintiff’s claims, and the complaint is in
any event frivolous.” Ord. & Rep.-Rec., p. 8, dkt. # 4. Plaintiff has filed objections to the
Order and Report-Recommendation. See Obj., dkt. # 5.
STANDARD OF REVIEW
When objections to a magistrate judge’s report and recommendation are lodged,
the district court makes a “de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” See 28
U.S.C. § 636(b)(1); see also United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir.
1997) (The Court must make a de novo determination to the extent that a party makes
specific objections to a magistrate’s findings.). General or conclusory objections, or
objections which merely recite the same arguments presented to the magistrate judge, are
reviewed for clear error. Farid v. Bouey, 554 F. Supp. 2d 301, 306 n. 2 (N.D.N.Y. 2008);
see Frankel v. N.Y.C., 2009 WL 465645 at *2 (S.D.N.Y. Feb. 25, 2009). After reviewing
the report and recommendation, the Court may “accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge. The judge may also
receive further evidence or recommit the matter to the magistrate judge with instructions.”
28 U.S.C. § 636(b).
The Court has reviewed Plaintiff’s rambling, disjointed, and bizarre objections,1 and
conducted a de novo review of the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). After
doing so, the Court agrees with Magistrate Judge Dancks’s conclusion that the Court is
without subject matter jurisdiction over Plaintiff's claims and the complaint is frivolous.
Plaintiff asserts, inter alia, that the individual who allegedly stole her funds from a safe at
the defendant bank, Yelena Vishnevetskaya, “managed to replace in the clerk [sic] my papers” so
Magistrate Judge Dancks “worked with false papers.” Obj, p. 2; Vishnevetskaya “has taken not less
than 22 billion dollars, from my courts [sic], at the same time I haven’t received from her any cent.”
Id.; “It is group I killed me [sic], 911 I [sic] restored me to life.” Id.; Vishnevetskaya’s lover,
Yaroslav Biklimishev, “shot at me two times in 2004, and once in 2007. They transplanted at me
[sic] bodies for sale [sic].” Id., pp. 2-3; “Vishnevetskaya shot at the head, previously drilled a drill
the [sic] head, and then having put the gun [sic] - shot at night.” Id. p., 3; Vishnevetskaya “buys all
judges for 20 percent [sic] and finances terrorist group of murderers. Behind which [sic] and
terrorism [sic] on September 11, 2001 which I can prove.” Id.
Accordingly, the Court ADOPTS the recommendations in the Order and Report-
Recommendation (dkt. # 4) for the reasons stated therein. Thus, it is hereby
ORDERED that the complaint (dkt. # 1) is dismissed with prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B) on the grounds that the Court is without subject matter jurisdiction
over Plaintiff's claims and the complaint is frivolous.
IT IS SO ORDERED.
Dated: May 15, 2017
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