Granbois v. Moon

Filing 17

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 16 in full. Amended Complaint 13 is DISMISSED. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 1/18/2017. Mailed to Granbois. (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

BRYCE GLEN GRANBOIS,

CV-16-00005-GF-BMM-JTJ

Plaintiff,
vs.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

DAVID J. MOON,
Defendant.

Plaintiff Bryce Granbois, a prisoner at the United States Penitentiary in
Leavenworth, Kansas, filed an Amended Complaint pro se alleging violations of
due process under Biven v. Six Unknown Named Agents of Fed. Bureau of
Narcotic, 403 U.S. 388 (1971), on May 4, 2016. (Doc. 13.) Granbois alleges that
the Defendant deprived him of due process when he was detained on the Fort Peck
Indian Reservation from August 6, 2015 to September 15, 2015. (Doc. 13 at 5.)
United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on December 12, 2016. (Doc. 16.) 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

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(1986). This Court will review Judge Johnston’s Findings and Recommendations,
however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Johnston acknowledged that Granbois had previously filed a
Complaint based on the same conduct alleged under the amended complaint. (Doc.
16 at 1.) Judge Johnston determined that the prior Complaint was inadequate under
the screening procedures of 28 U.S.C. §§ 1915, 1915A, but gave Granbois the
opportunity to cure the Complaint’s deficiencies in an amended complaint. Judge
Johnston’s Findings and Recommendations in this matter (Doc. 16), completed the
screening process under 28 U.S.C. §§ 1915, 1915A.
Judge Johnston determined that Granbois’s Amended Complaint failed to
state a claim on which relief may be granted. (Doc. 16 at 3.) Judge Johnston
concluded that Granbois did not provide sufficient facts to plausibly suggest that
Granbois was denied due process prior to or during his detainment at the Poplar
Jail. Id.
The Court has reviewed Judge Johnston’s Findings and Recommendations
for clear error. The Court finds no error in Judge Johnston’s Findings and
Recommendations, and adopts them in full.

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IT IS ORDERED that:
1. Judge Johnston’s Findings and Recommendations (Doc. 16) is ADOPTED
IN FULL.
2. Granbois’s Amended Complaint (Doc. 13) is DISMISSED.
3. The Clerk of Court is directed to close this matter and enter judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
4. The Clerk of Court is directed to have the docket sheet 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.
The record makes plain the instant Complaint lacks arguable substance in
law or fact.
DATED this 18th day of January, 2017.

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