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.

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:

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Plaintiff,

FILED

Cause No. CV-12-19-BLG-RFC

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ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE

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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,

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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.
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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

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