Eggsware v. United States Secret Service

District Court, N.D. New York

Eggsware v. United States Secret Service

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________ SHAWN EGGSWARE, Plaintiff, 1:21-CV-1029 v. (GTS/CFH) UNITED STATES SECRET SERVICE; FEDERAL BUREAU OF INVESTIGATION; ALBANY POLICE DEPARTMENT; ALBANY COUNTY DISTRICT ATTORNEY’S OFFICE; DEPARTMENT OF HOMELAND SECURITY; TROY POLICE DEPARTMENT; RENSSELAER COUNTY DISTRICT ATTORNEY; and CENTRAL INTELLIGENCE AGENCY, Defendants. _____________________________________________ APPEARANCES: SHAWN EGGSWARE Plaintiff, Pro Se 66 2nd Street Waterford, New York 12188 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this pro se civil rights action filed by Robert I. Reed (“Plaintiff”) against the eight above-captioned federal, state, and local agencies and officials (“Defendants”) pursuant to

42 U.S.C. § 1983

, is United States Magistrate Judge Christian F. Hummel’s Report-Recommendation recommending that certain of Plaintiff’s claims be sua sponte dismissed with prejudice, and that Plaintiff’s remaining claims be sua sponte dismissed without prejudice. (Dkt. No. 6.) Plaintiff has not filed an objection to the Report- Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant papers herein, including Magistrate Judge Hummel’s thorough Report-Recommendation, the Court can find no clear-error in the Report- Recommendation.1 Magistrate Judge Hummel employed the proper standards, accurately recited

the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons set forth therein. ACCORDINGLY, it is ORDERED that Magistrate Judge Hummel’s Report-Recommendation (Dkt. No. 6) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the following claims in Plaintiff’s Complaint (Dkt. No. 1) are DISMISSED with prejudice:

(1) Plaintiff’s claims against all Defendants relating to the failure to investigate or prosecute crimes; (2) Plaintiff’s FOIA claims against Defendants Albany Police Department, Albany County District Attorney’s Office, Troy Police Department, and Rensselaer County District Attorney; and it is further

1 When no objection is made to a report-recommendation, the Court subjects that 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.; see also Batista v. Walker, 94-CV-2826,

1995 WL 453299

, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a magistrate judge’s] report to which no specific objection is made, so long as those sections are not facially erroneous.”) (internal quotation marks omitted). 2 ORDERED that Plaintiff's remaining claims (specifically, his Freedom of Information Act claims against Defendants United State Secret Service, Federal Bureau of Investigation, Department of Homeland Security, and Central Intelligence Agency) shall be DISMISSED with prejudice, and without further Order of the Court, unless, within thirty (30) days of the date of this Decision and Order, Plaintiff files an Amended Complaint correcting the pleading defects in those claims; and it is further ORDERED that, should Plaintiff file a timely Amended Complaint, it shall be automatically referred to Magistrate Judge Lovric for his review. Dated: March 7, 2022 Syracuse, New York

Hon. Glenn T. Chief U.S. District Judg

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