Griffin v. Kirkegard et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. The Complaint 2 is DISMISSED. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal would not be taken in good faith. Signed by Judge Donald W. Molloy on 11/25/2013. Mailed to Griffin. (TAG, )

FILED

NOV2
Cle~ (J

IN THE UNITED STATES DISTRlCT COURT
FOR THE DISTRlCT OF MONTANA
HELENA DIVISION

MATTHEW DANIEL GRlFFIN,

52013

DititiQS, District

.6' Of MontaCourt
''''ISsoi.,/a na

CV 13-27-H-DWM-RKS

Plaintiff,
ORDER

vs.
LEROY KIRKEGARD-WARDEN;
DAVE PENTLAND-SENIOR DHO;
LOREN KUCHINSKY-DISP.
INVESTIGATOR; and KEN COZBY­
HEARINGS OFFICER,
Defendants.

Matthew Griffin is a state prisoner proceeding pro se. He brings an action
alleging he was disciplined at Montana State Prison without adequate due process.
Magistrate Judge Keith Strong recommends this Court dismiss Griffin's
Complaint for failure to state a claim upon which relief can be granted. (Doc. 6.)
Griffin has not filed objections to Judge Strong's Findings and
Recommendation. The Court reviews the findings and recommendations that are
not specifically objected to for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

1

"A claim has facial plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the defendant is liable for
the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Griffin
alleges Defendants placed him in disciplinary segregation on false charges, seeks a
declaratory judgment stating that Defendants violated his due process rights, seeks
an injunction ordering Warden Kirkegard to expunge the disciplinary convictions
from Griffin's files, and requests punitive damages. The Court finds no clear error
with Judge Strong's determination that the Complaint fails to state a claim upon
which relief may be granted because none of the allegations implicate a protected
liberty interest.
Accordingly, IT IS ORDERED that the Findings and Recommendation
(Doc. 6) is ADOPTED IN FULL. Griffin'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 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

2

plain the instant Complaint is frivolous and lacks arguable substance in law or
fact.
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). Griffin failed to state a claim upon which relief may be granted and his
claims are frivolous.
/'­

Dated this

J-"'J! day of November, 2013.

/

Donald W. Molloy. District Judge
United States District Court

3