Clervrain v. Raimondo

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
______________________________
)
MANETIRONY CLERVRAIN, 	)
)
Plaintiff, 	)
)
v. 	) 	C.A. No. 20-535 WES
)
DANIEL J. MCKEE, in his 	)
official capacity as Governor )
of the State of Rhode Island,1 )
)
Defendant. 	)
______________________________)
ORDER
On 	January 	15, 	2021, 	Magistrate 	Judge 	Patricia 	A. 	Sullivan
issued 	a 	Report 	and 	Recommendation 	(“R.&R.”), 	ECF 	No. 	3, 	which
recommended 	that 	Plaintiff’s 	Complaint, 	ECF 	No. 	1, 	be 	dismissed
for failure to state a claim and as frivolous and that Plaintiff’s
Motion for Leave to Proceed In Forma Pauperis, ECF No. 2, be denied
as 	moot. 	Specifically, 	Judge 	Sullivan 	determined 	that 	Plaintiff
had failed to state a claim because he had not drawn any connection
between 	his 	assertions 	against 	the 	various 	federal 	agencies
causing Plaintiff to be detained and the Governor of Rhode Island.
R.&R. 	4. 	Judge 	Sullivan 	recommended 	that 	the 	complaint 	be
dismissed as frivolous because Plaintiff has “randomly sued other
1 	Daniel 	J. 	McKee 	is 	now 	the 	Governor 	of 	Rhode 	Island.
Pursuant 	to 	Fed. 	R. 	Civ. 	P. 	25(d), 	Governor 	Daniel 	J. 	McKee 	has
been substituted for Governor Gina M. Raimondo as Defendant.
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state 	officials 	[in 	other 	cases] 	with 	no 	conceivable 	basis 	for
doing so[,]” leading to dismissals. 	Id. at 4-5 (citing Clervrain
v. 	Herbert, 	Case 	No. 	2:20-CV-880-JNP, 	2020 	WL 	7714735, 	at 	*1 	(D.
Utah 	Dec. 	29, 	2020); 	Clervrain 	v. 	Marin, 	Case 	No. 	20-CV-925 	JLS
(RBB), 	2020 	WL 	5408581, 	at 	*1-2 	(S.D. 	Cal. 	Sept. 	9, 	2020)).
Plaintiff did not timely file an objection to the R.&R. 	Well after
the 	deadline 	to 	file, 	Plaintiff 	filed 	a 	Motion 	to 	Obtain 	an 	ECF
Login and Password, ECF No. 5, and a Motion for Change of Address
and 	Reconsideration, 	ECF 	No. 	7. 	The 	failure 	to 	file 	specific
objections 	in 	a 	timely 	manner 	constitutes 	waiver 	of 	the 	right 	to
review 	by 	the 	district 	judge 	and 	the 	right 	to 	appeal 	the 	Court’s
decision. 	See United States v. Lugo Guerrero, 524 F.3d 5, 14 (1st
Cir. 2008); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603,
605 	(1st 	Cir. 	1980). 	After 	reviewing 	the 	relevant 	papers, 	the
Court 	ACCEPTS 	the 	R.&R. 	and 	ADOPTS 	the 	recommendations 	and
reasoning set forth therein.
Accordingly, 	Plaintiff’s 	Complaint, 	ECF 	No. 	1, 	is 	DISMISSED
for failure to state a claim and as frivolous, Plaintiff’s Motion
for 	Leave 	to 	Proceed 	In 	Forma 	Pauperis, 	ECF 	No. 	2, 	is 	DENIED 	as
moot, Plaintiff’s Motion to Obtain an ECF Login and Password, ECF
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No. 	5, 	is 	DENIED 	as 	moot, 	and 	Plaintiff’s 	Motion 	for 	Change 	of
Address and Reconsideration, ECF No. 7, is DENIED as moot.
IT IS SO ORDERED.
William E. Smith
District Judge
Date: April 19, 2021
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