Shepherd v. Montana Highway Patrol et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. The complaint 2 is DISMISSED WITH PREJUDICE. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal of this decision would not be taken in good faith. Signed by Judge Donald W. Molloy on 8/20/2013. Mailed to Shepherd. (TAG, )

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13IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION CV 13-39-M-DWM-RKS ROBERT A. SHEPHERD, Plaintiff, ORDER vs. MONTANA HIGHWAY PATROL and NORTHERN MONTANA HOSPITAL, Defendants. Robert Shepherd is a prisoner proceeding pro se. He claims that the defendants violated his constitutional rights by questioning him and drawing blood from him after a motor vehicle accident on September 9, 2009. Magistrate Judge Strong recommends dismissing Shepherd's claims because they are barred by the statute of limitations and the Heck doctrine. Shepherd had 14 days to file objections to Judge Strong's Findings and Recommendation. He did not do so. So the Court reviews the Findings and Recomrpendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no clear error. For the reasons given in the Findings and Recommendation, the Court dismisses this case with prejudice. Shepherd's claims 1 are barted by the statute of limitations and the Heck doctrine. This case counts as a strike under 28 U.S.C. § 1915(g) because Shepherd fails to state a claim on which relief could be granted and his claims are frivolous. Moreover, any appeal of this decisioh would not be in good faith because no reasonable person could suppose that an 1appeal has merit. IT IS ORDERED that Magistrate Judge Strong's Findings and Recommendation (doc. 9) is ADOPTED IN FULL. Shepherd's complaint (doc. 2) is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to enter judgment in favor of the defendants and close this case. Il' IS FURTHER ORDERED that the Clerk of Court shall indicate on the docket that this case counts as a strike under 28 U.S.C. § 1915(g). It IS FURTHER ORDERED that the Clerk of Court shall indicate on the docket that any appeal of this decision would not be taken in good faith under FederalRule of Appellate Procedure 24(a)(3)(A). /.-Dated this!}J_ day of August 2013.

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