Latray v. Schuler

Filing 9

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, )

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

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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

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