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Shawn Henderson v. Clover Field

September 12, 2012

SHAWN HENDERSON, PLAINTIFF,
v.
CLOVER FIELD, DEFENDANT.



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

MEMORANDUM-DECISION and ORDER

Currently before the Court, in this pro se civil rights action filed by Shawn Henderson ("Plaintiff"), is the Report-Recommendation of United States Magistrate Judge Andrew T. Baxter recommending that Plaintiff's Complaint be sua sponte dismissed for frivolousness pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A(b)(1). For the reasons set forth below, Magistrate Judge Baxter's Report-Recommendation is accepted and adopted in its entirety.

I. RELEVANT BACKGROUND

Because Plaintiff's Complaint in this action is identical to the one filed more than four years ago in the case of Henderson v. Clover Field, 08-CV-0504, the Court will not describe that Complaint in this Decision and Order, but will merely refer the reader to the description of that Complaint contained in the decision of Henderson v. Clover Field, 08-CV-0504, 2008 WL 2405705, at *2 (N.D.N.Y. June 11, 2008) (Report-Recommendation of Lowe, M.J., adopted by McCurn, J.). The Court would add only that, as United States Magistrate Judge George H. Lowe correctly noted in that prior decision, Plaintiff appears, in his Complaint, to be suing a fantasy movie--a practice in which he has engaged in the past. Henderson, 2008 WL 2405705, at *3.

Generally, in his Report-Recommendation, Magistrate Judge Baxter bases his recommendation of dismissal on the fact that, because no difference exists between Plaintiff's prior Complaint and his current Complaint, the current Complaint should be dismissed for the same reasons given by Magistrate Judge Lowe. (Dkt. No. 4, at 2.)

Following the Report-Recommendation, Plaintiff filed thirteen "Notices" with the Court, containing nonsensical handwritten edits to various documents served on him by the Court (as well as other documents), and demanding payment of 666 billion Eurodollars. (Dkt. Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18.)

II. STANDARD OF REVIEW

When a specific objection is made to a portion of a magistrate judge's report-recommendation, the Court subjects that portion of the report-recommendation to a de novo review. Fed. R. Civ. P. 72(b)(2); 28 U.S.C. § 636(b)(1)(C). To be "specific," the objection must, with particularity, "identify [1] the portions of the proposed findings, recommendations, or report to which it has an objection and [2] the basis for the objection." N.D.N.Y. L.R. 72.1(c).*fn1

When performing such a de novo review, "[t]he judge may . . . receive further evidence. . . ." 28 U.S.C. § 636(b)(1). However, a district court will ordinarily refuse to consider evidentiary material that could have been, but was not, presented to the magistrate judge in the first instance.*fn2

When only a general objection is made to a portion of a magistrate judge's report-recommendation, the Court subjects that portion of the 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.*fn3 Similarly, when an objection merely reiterates the same arguments made by the objecting party in its original papers submitted to the magistrate judge, the Court subjects that portion of the report-recommendation challenged by those arguments to only a clear error review.*fn4 Finally, when no objection is made to a portion of a report-recommendation, the Court subjects that portion of the report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a "clear error" review, "the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Id.*fn5

After conducting 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).

III. ANALYSIS

Even when construed with the utmost of special liberality, the thirteen "Notices" filed by Plaintiff after the issuance of Magistrate Judge Baxter's Report-Recommendation do not specifically challenge the Report-Recommendation sufficient to transform the "Notices" into objections to the Report-Recommendation. Because Plaintiff did not submit an objection to the Report-Recommendation, the Court reviews the Report-Recommendation only for clear error, as described above in Part II of this Decision and Order.

After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation. Magistrate Judge Baxter employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. (Dkt. No. 4.) As a result, Magistrate Judge Baxter's ...


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