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, )

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.