Yefimova v. District Court Clerk et al

Filing 10

DECISION and ORDER: The Report-Recommendation, dkt. # 7 , is hereby ADOPTED. Plaintiff's Complaint is hereby DISMISSED for failure to comply with Federal Rules of Civil Procedure 8 and 10, and for failure to state a claim upon which relief coul d be granted. As amendment would be futile, the dismissal is WITH PREJUDICE. It is also hereby ORDERED that Plaintiff is hereby PERMANENTLY ENJOINED from filing any other cases in this District without first obtaining leave from the Chief District Judge. The Clerk of Court is directed to CLOSE the case. Signed by Senior Judge Thomas J. McAvoy on 12/13/2017. (Copy served via regular and certified mail)(mgh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

LYUBOV YEFIMOVA,
Plaintiff,
v.

1:17-cv-699
(TJM/DJS)

DISTRICT COURT CLERK, JUDGE
MAE A. D’AGOSTINO, JUDGE THERESE
WILEY DANCKS, and SECURITY,
Defendants.

Thomas J. McAvoy, SR. U.S.D.J.

DECISION and ORDER
The Court referred this action alleging violations of Plaintiff’s rights by various court
officers, to the Hon. Daniel J. Stewart, United States Magistrate Judge, for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of
the Northern District of New York. The Report-Recommendation, dated July 31, 2017,
recommends that the Court dismiss Plaintiff’s Complaint for failure to state a claim and
issue an order barring Plaintiff from filing any new cases without permission from the Chief
Judge of this District.
Plaintiff did not file objections to the Report-Recommendation and the time for filing
such objections has passed. After examining the record, this Court has determined that
the Report-Recommendation is not subject to attack for plain error or manifest injustice
and the Court will adopt the Report-Recommendation.
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Accordingly:
The Report-Recommendation, dkt. # 7, is hereby ADOPTED. Plaintiff’s Complaint
is hereby DISMISSED for failure to comply with Federal Rules of Civil Procedure 8 and 10,
and for failure to state a claim upon which relief could be granted. As amendment would
be futile, the dismissal is WITH PREJUDICE. It is also hereby ORDERED that Plaintiff is
hereby PERMANENTLY ENJOINED from filing any other cases in this District without first
obtaining leave from the Chief District Judge. The Clerk of Court is directed to CLOSE the
case.
IT IS SO ORDERED

Dated:December 13, 2017

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