Brown v. Seel

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. This matter is DISMISSED. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 5/31/2017. Mailed to Brown to Valier, MT address (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

ROWN PAUL BROWN, SR.,

CV-17-00024-BU-BMM-JCL

Plaintiff,
vs.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

KARL P. SEEL,
Defendant.

Plaintiff Rown Brown, a prisoner at the Gallatin County Detention Facility,
filed a Complaint pro se alleging violations of 42 U.S.C. § 1983. (Doc. 1.) Brown
alleges that Defendant Judge Seel deprived him of various constitutional rights
when he made the decision to imprison Brown. (Doc. 1.) United States Magistrate
Judge Jeremiah C. Lynch entered Findings and Recommendations in this matter on
May 2, 2017. (Doc. 4.) Neither party filed objections.
When a party makes no objections, the Court need not review de novo the
proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52
(1986). This Court will review Judge Lynch’s Findings and Recommendations,
however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
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Judge Lynch acknowledged that the Court must screen Brown’s complaint
and dismiss it or portions thereof if the complaint is “frivolous,” “fails to state a
claim upon which relief may be granted,” or “seeks monetary relief from a
defendant who is immune.” (Doc. 4 at 3.) Judge Lynch determined that judicial
immunity bars Brown’s allegations against Judge Seel. Id. at 4. Judge Lynch
correctly notes that “[j]udgues are absolutely immune from liability for damages
based on acts performed in their official capacities.” Id., citing Ashelman v. Pope,
793 F.2d 1072, 1075 (9th Cir. 1986) (en banc).
Judge Lynch determined that Brown’s Complaint alleged violations of his
rights solely as a result of Judge Seel’s actions in his official capacity as a judge.
(Doc. 4 at 5.) Judge Lynch concluded, therefore, that Judge Seel proves clearly
immune from Brown’s Complaint. Id.
The Court has reviewed Judge Lynch’s Findings and Recommendations for
clear error. The Court finds no error in Judge Lynch’s Findings and
Recommendations, and adopts them in full.
IT IS ORDERED that Judge Lynch’s Findings and Recommendations
(Doc. 4) is ADOPTED IN FULL.
IT IS FURTHER ORDERED that this matter is DISMISSED. The Clerk
of Court is directed to close this matter and enter judgment in favor of Defendant
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
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IT IS ALSO ORDERED that the Clerk of Court is directed to have the
docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal
Rules of Appellate Procedure that any appeal of this decision would not be taken in
good faith. No reasonable person could suppose an appeal would have merit. The
record makes plain that the instant Complaint lacks arguable substance in law or
fact.
DATED this 31st day of May, 2017.

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