Horob v. United States et al

Filing 16

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Horob's Complaint 2 is DISMISSED WITH PREJUDICE as it is both frivolous and malicious. Horob's Motion to Authenticate Court record 8 DENIED. This dismissal count as one strike against Horob pursuant to 28 U.S.C. 1915(g), and the Court certifies that any appeal of this decision would be in bad faith. Signed by Judge Richard F. Cebull on 8/6/2012. Mailed to Horob. (TAG, ) Modified on 8/6/2012 to correct docket text.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION TODD KENNETH HOROB v. THE UNITED STATES and U.S. ATTORNEY RYAN ARCHER Defendants. AUG 062012 PATAICKE BY . DUFFY CLERK ~DDeputy lark . . 'STRICT COU r BILLINGS D'VIS/O: ) ) Plaintiff, FILED Cause No. CV-12-19-BLG-RFC ) ) ) ) ) ) ) ) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ------------------------) Todd Horob has filed yet another frivolous pro se lawsuit challenging his fraud conviction in CR-08-93-BLG-RFC. E.g. CV-IO-37-RFC; CV-II-55-DWM; CV-11-66-DWM; and CV-11-80-RFC; See also CV-09-156-RFC; 12-41-RFC (frivolous pro se lawsuits challenging the conditions of his confinement). This particular lawsuit is another chapter in Horob' s conspiracy theory that the transcript and records of his trial were altered and that he was convicted based on false testimony and evidence. Among other things, Horob alleges the Court "re­ edited" his testimony and that the Court, prosecutor, and court reporter have conspired to prevent an expert to testify about the altered court record. For relief, 1 Horob asks that he be released from custody, that the prosecutor on his case be imprisoned for 20 years for fraud and barred from the judicial system, and that he be awarded $25 million in damages pursuant to his federal tort claim. Pending before the Court is the review of United States Magistrate Judge Carolyn Ostby's Findings and Recommendation (doc. 4) as to the 28 U.S.C. § 1915 and 1915A prescreening ofHorob's pro se prisoner complaint. Judge Ostby recommends Horob' s Complaint be dismissed because it is frivolous, fails to state a claim upon which relief may be granted, and seeks relief from immune defendants. Judge Ostby further recommends the dismissal be with prejudice because no amendment could possibly cure the deficiencies in his pleading. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. § 636(b)(1). Horob has filed numerous documents in this case that the Court construes as an objections to the entirety of Judge Ostby's Findings and Recommendations. See docs. 6-15. This Court must therefore make a de novo determination of the Findings and Recommendations. 28 U.S.C. § 636(b)(1). Such a review makes clear that all of Horob's claims are barred by prosecutorial immunity, collateral estoppel, and the Heck doctrine. As they are well-grounded in both law and fact, Judge Ostby's Findings and Reconlmendations are adopted in their entirety. 2 IT IS HEREBY ORDERED that Horob's Complaint (doc. 2) is DISMISSED WITH PREJUDICE as it is both frivolous and malicious. IT IS FURTHER ORDERED that Horob's Motion to Authenticate Court record (doc. 8) DENIED. The Clerk of Court is directed ensure that the docket reflect (1) that this dismissal count as one strike against Horob pursuant to 28 U.S.C. § 1915(g) and (2) that this Court certifies pursuant to Rule 24(a)(3)(A) Fed.R.App.P. that any appeal of this decision would be in bad faith. The Clerk of Court shall then enter judgment against Horo~~lose this case. DATED this -IJJ day of August, 2012 CHARD F. CEBULL UN1TED STATES DISTRICT JUDGE 3

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