Fair v. Mnuchin, et al.

Filing 14

ORDER: that the Order and Report-Recommendation (Dkt. No. 10 ) is Adopted in its entirety; that plaintiff's complaint (Dkt. No. 1 ) is Dismissed with Prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i)-(iii); and that the Clerk provide a copy of this Order to plaintiff in accordance with the Local Rules. Signed by Senior Judge Gary L. Sharpe on 02/01/2019. (Copy served upon pro se plaintiff at CNY PC, PO Box 300, Ward-405/C, Marcy, NY 13403 via regular and certified mail on 2/1/2019.)(hmr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
KEITH DARNELL FAIR,
Plaintiff,

6:18-cv-1402
(GLS/TWD)

v.
STEVEN T. MNUCHIN et al.,
Defendants.
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
Keith Darnell Fair
Pro Se
348887
CNY PC
PO Box 300
Ward - 405/C
Marcy, NY 13403
Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following an Order
and Report-Recommendation (R&R) by Magistrate Judge Thérèse Wiley
Dancks, duly filed on January 8, 2019. (Dkt. No. 10.) Following fourteen
days from the service thereof, the Clerk has sent the file, including any and
all objections filed by the parties herein.

Plaintiff has submitted a document titled “Affidavit of Defense,” which
can be described as including several generic, difficult-to-understand
arguments, some of which attack the court’s jurisdiction. (Dkt. No. 13.)
Plaintiff’s “objections,” none of which specifically attack the R&R, warrant
review for clear error only.1 See Almonte v. N.Y. State Div. of Parole, No.
Civ. 904CV484, 2006 WL 149049, at *5-6 (N.D.N.Y. Jan. 18, 2006).
Having carefully reviewed the R&R for clear error, the court finds none and
adopts the R&R in its entirety.
Accordingly, it is hereby
ORDERED that the Order and Report-Recommendation (Dkt. No.
10) is ADOPTED in its entirety; and it is further
ORDERED that plaintiff’s complaint (Dkt. No. 1) is DISMISSED WITH
PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); and it is further
ORDERED that the Clerk provide a copy of this Order to plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.

1

To the extent that plaintiff attacks jurisdiction, those arguments are
rejected as nonsensical and frivolous.
2

February 1, 2019
Albany, New York

3