Opinion
1:22-cv-54 (BKS/CFH)
03-18-2022
SHAWN EGGSWARE, Plaintiff, v. JOHN DOE, Defendant.
Shawn Eggsware Waterford, For Plaintiff
Shawn Eggsware Waterford, For Plaintiff
MEMORANDUM-DECISION AND ORDER
Hon. Brenda K. Sannes, United States District Judge
Plaintiff pro se Shawn Eggsware brought this action against Defendant “John Doe” on January 21, 2022, for “invasion of privacy, ” alleging that people are watching a documentary that he filmed on his phone. (Dkt. No. 1). This action was referred to United States Magistrate Judge Christian F. Hummel who, on February 7, 2022, issued a Report-Recommendation recommending that Plaintiff's complaint be dismissed in its entirety with prejudice for failure to state a claim upon which relief can be granted and for frivolity, 28 U.S.C.§§ 1915(e)(2)(B)(i), (ii). (Dkt. No. 4). Magistrate Judge Hummel advised Plaintiff that under 28 U.S.C. § 636(b)(1), he had fourteen days within which to file written objections to the report, and that failure to object to the report within fourteen days would preclude appellate review. (Id. at 13). No. objections were filed.
As no objections to the Report-Recommendation were filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F.Supp.3d 223, 228-29 (N.D.N.Y. 2012); Fed.R.Civ.P. 72(b) advisory committee's note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety.
For these reasons, it is hereby
ORDERED that Magistrate Judge Hummel's Report-Recommendation (Dkt. No. 4) is ADOPTED in its entirety; and it is further
ORDERED that Plaintiffs complaint (Dkt. No. 1) is DISMISSED in its entirety with prejudice for failure to state a claim upon which relief can be granted and frivolity. 28 U.S.C.§§ 1915(e)(2)(B)(i), (ii); and it is further
ORDERED that the Clerk serve a copy of this Order on the Plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.