Latray v. Schuler, No. 1:2015cv00136 - Document 9 (D. Mont. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Claims against Defendants Daniel Schuler and Toman Baukema are DISMISSED. Claims regarding denial of access to the courts are DISMISSED. Signed by Judge Susan P. Watters on 6/23/2016. Mailed to Latray (TAG, )

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Latray v. Schuler Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FILED JUN 2 3 2016 Clerk, U S Oistnct Court District Of Montana RONALD 0. LATRAY, Billings CV 15-136-BLG-SPW-CSO Plaintiff, vs. ORDER DANIEL SCHULER, TOMAN BAUKEMA, OFFICER NEGEL, and SHERIFF MIKE LINDER, Defendants. Plaintiff Ronald Latray, acting prose, filed an Amended Complaint raising claims related to his arrest by Montana Highway Patrol officers and his subsequent treatment at the Yellowstone County Detention Facility. On June 3, 2016, United States Magistrate Judge Carolyn Ostby issued Findings and Recommendations after undertaking the review mandated by 28 U.S.C. §§ 1915, 1915A. Judge Ostby concluded that the claims against Defendants Daniel Schuler and Toman Baukema are barred by the Heck doctrine. See Heckv. Humphrey, 512 U.S. 477 (1994). Judge Ostby also concluded that Latray has not sufficiently shown an actual injury caused by the alleged denial of access to the courts. Accordingly, Judge Ostby recommends that this Court dismiss the claims against Schuler and Baukema and Latray's denial of access to courts claims. Judge Ostby determined that Latray 1 Dockets.Justia.com sufficiently pied claims against Defendants Officer Negel and Sheriff Mike Linder, and they will be required to respond to Latray's allegations. Pursuant to 28 U.S.C. § 636(b)(l), Latray was required to file written objections within 14 days of the filing of Judge Ostby's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Ostby's conclusions for clear error. Clear error exists ifthe Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. Accordingly, IT IS HEREBY ORDERED: 1. Judge Ostby's Findings and Recommendations (Doc. 8) are ADOPTED IN FULL. 2. Latray's claims against Defendants Daniel Schuler and Toman Baukema are DISMISSED. 3. Latray's claims regarding denial of access to the courts are DISMISSED. rcL DATED this ..2:§day of June, 2016. Lr:~~ SUSANP. WATTERS United States District Judge 2

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