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Odimba Kamango v. Facebook

May 19, 2011

ODIMBA KAMANGO, PLAINTIFF,
v.
FACEBOOK, DEFENDANT



The opinion of the court was delivered by: Hon. Glenn T. Suddaby, United States District Judge

MEMORANDUM-DECISION and ORDER

Currently before the Court in this pro se civil rights action filed by Odimba Kamango ("Plaintiff") are the following: (1) Plaintiff's Complaint (Dkt. No. 1); (2) United States Magistrate Judge Andrew T. Baxter's Order and Report-Recommendation recommending that the Complaint be dismissed in its entirety under 28 U.S.C. § 1915(e)(2)(B)(ii), (iii) (Dkt. No. 3); and (3) Plaintiff's Objections to that Report-Recommendation (Dkt. No. 5). For the reasons set forth below, Plaintiff's Objections are rejected; the Report-Recommendation is accepted and adopted in its entirety; and Plaintiff's Complaint is dismissed pursuant to 28 U.S.C. § 1915(e).

I. RELEVANT BACKGROUND

Plaintiff, who resides in Vienna, Austria, filed his Complaint in this action on April 15, 2011. (Dkt. No. 1.) Generally, construed with the utmost of special liberality, Plaintiff's Complaint alleges that, starting on January 4, 2011, "[F]acebook . . . [has] forb[bidden] [him from] . . . access[ing] . . . [his] [F]acebook account," purportedly because he had repeatedly, without authority, "sen[t] invitations to people [who he did] not know." (Id.) Based on this factual allegation, Plaintiff asserts claims based on the denial of his right to be free from "bias," and the denial of his right to "express [him]self." (Id.) Plaintiff requests no specific relief in his Complaint. (Id.) For a more detailed recitation of Plaintiff's claims and factual allegations in support thereof, the Court refers the reader to the Complaint in its entirety and to Magistrate Judge Baxter's Report-Recommendation. (Dkt. Nos. 1 and 3.)

On April 19, 2011, Magistrate Judge Baxter issued an Order and Report-Recommendation granting Plaintiff's motion to proceed in forma pauperis and recommending that Plaintiff's Complaint be dismissed for failure to state a claim upon which relief can be granted and frivolousness, pursuant to28 U.S.C. § 1915(e)(2)(B)(ii), (iii). (Dkt. No. 3.)

In his Objections filed on May 10, 2011, Plaintiff argues that his claim of freedom of speech is premised on (1) "Article 19 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly ("December 19, 1948 at Palais Chaillot, Paris)," and (2) the First Amendment of the United States Constitution. (Dkt. No. 5.) Plaintiff also argues that he has suffered "morally, mentally and Psychologically" as a result of Defendant's actions and requests relief in the amount of $10,000,000 U.S. dollars. (Id.)

II. APPLICABLE LEGAL STANDARDS

A. Standard of Review Governing a Report-Recommendation

When specific objections are made to a magistrate judge's report-recommendation, the 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)(C).*fn1

When only general objections are made to a magistrate judge's report-recommendation, the Court reviews the report-recommendation for clear error or manifest injustice. See 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).*fn2 Similarly, when a party makes no objection to a portion of a report-recommendation, the Court reviews that portion for clear error or manifest injustice. See Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) [citations omitted]; Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition [citations omitted]. After conducing the appropriate review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C).

B. Standard Governing Review of Plaintiff's Complaint pursuant to 28 U.S.C. §1915(e)

Magistrate Judge Baxter correctly recited the legal standard governing a district court's review of complaints submitted by a plaintiff seeking to proceed in forma pauperis. (Dkt. No. 3.) As a result, this standard is incorporated by reference in this Decision and Order.

III. ANALYSIS

As an initial matter, the Court concludes that Plaintiff's Objection is not specific in nature. As a result, the Court need review Magistrate Judge Baxter's ...


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