Yefimova v. Trustco Bank

Filing 9

DECISION AND ORDER accepting and adopting # 5 Magistrate Judge Stewart's Report and Recommendation in its entirety; and Plaintiff's complaint is sua sponte dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(i),(ii). Plaintiff shall, wi thin 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 Districtpro se without prior leave o f the Chief Judge or his or her designee. If Plaintiff does not fully comply with this Decision and Order, theCourt will issue a subsequent order, without further explanation, permanently so enjoining him. Signed by Chief Judge Glenn T. Suddaby on 9/18/17. (lmw) (Copy served upon plaintiff via regular mail and certified mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
LYUBOV YEFIMOVA,
Plaintiff,
1:17-CV-0730
(GTS/DJS)

v.
TRUSTCO BANK,
Defendant.
__________________________________________
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.1 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.)2
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

1

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).
2

The Court notes that Magistrate Judge Stewart’s Report-Recommendation would
survive even a de novo review.
2

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
____________________________________
HON. GLENN T. SUDDABY
United States District Judge

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