RedStar v. Trottier et al
Filing
7
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Red Star's Complaint 2 is DISMISSED. 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 4/2/2014. Mailed to RedStar. (TAG, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
ARVIN B. RED STAR,
APR 02 201~
Clerk, u.s District Court
District Of Montana
Missoula
CV 13-97-GF-DWM-RKS
Plaintiff,
ORDER
vs.
KENNY TROTTIER, MARCIA
GOODSEPT-HURD, SEAN REDBOY
and SIMON GOLOB, et al.,
Defendants.
Arvin B. Red Star is a federal prisoner proceeding pro se. He alleges
Defendants violated his civil rights during his federal criminal proceeding by
wrongfully choosing to prosecute him, failing to secure a proper indictment,
failing to prove his guilt beyond a reasonable doubt, and miscalculating the
sentencing guidelines. Magistrate Judge Keith Strong recommends the Court
dismiss Red Star's Complaint. (Doc. 6.)
Red Star has not filed objections to Judge Strong's Findings and
Recommendations. The Court reviews the findings and recommendations that are
not specifically objected to for clear error. McDonnell Douglas Corp. v.
1
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error
exists if the 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).
The Court finds no clear error with Judge Strong's determination that Red
Star's claims are barred by Heckv. Humphrey, 512 U.S. 477 (1994), which
prevents challenges to the validity of a conviction or sentence if that conviction or
sentence has not been reversed, declared invalid, expunged, or called into
question.
Accordingly, IT IS ORDERED that the Findings and Recommendations
(Doc. 6) are ADOPTED IN FULL. Red Star's Complaint (Doc. 2) is
DISMISSED.
IT IS FURTHER ORDERED that the Clerk of Court is directed to close this
matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure.
IT IS FURTHER ORDERED that the Clerk of Court is directed to have the
docket reflect that this dismissal counts as a strike pursuant to 28 U.S.C. §
1915(g). Red Star failed to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that the Clerk of Court is directed to have the
2
docket reflect that the Court certifies pursuant to Fed. R. App. P. 24(a)(3)(A) that
any appeal of this decision would not be taken in good faith. The record makes
plain the instant Complaint is frivolous and lacks arguable substance in law or
fact.
Dated this
£
Il-~
day of April, 2014.
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