Sadler v. Sheriff Dutton et al

Filing 19

ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS in full. Signed by Judge Dana L. Christensen on 7/28/2017. Mailed to Sadler Associated Cases: 6:16-cv-00083-DLC, 6:17-cv-00042-DLC, 9:17-cv-00026-DLC-JCL (TAG)

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

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CV 16-83-H-DLC-JTJ
(CV 17-00026-M-DLC-JCL)
(CV 17-00042-H-DLC-JTJ)

TIMOTHY RAY SADLER,
Plaintiff,
vs.
SHERIFF DUTTON, et al.,

ORDER

Defendants.

United States Magistrate Judge John Johnston entered his Order, Findings
and Recommendation on June 1, 2017, recommending dismissal of Plaintiff
Timothy Sadler's ("Sadler") claims of defamation, libel, and slander (CV
17-42-H-DLC-JTJ) and denial of his motion that this matter to be certified as a
class action (CV 16-83-H-DLC-JTJ). 1 Sadler has failed to timely object to the
Findings and Recommendation, and, as a result, has waived his right to de novo
review of the record. 28 U.S.C. § 636(b)(l)(C). This Court reviews for clear error
those findings and recommendations to which no party objects. See McDonnell
Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir.

1

Judge Johnston also ordered that the above-captioned matter be consolidated with CV
17-00042-H-DLC-JTJ. Judge Johnston previously ordered that this matter be consolidated with
CV 17-00026-M-DLC-JCL. (See CV 17-00026-M-DLC-JCL (Doc. 4).)
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1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe 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) (citations omitted).
Having reviewed the Findings and Recommendation, the Court finds no
clear error in Judge Johnston's conclusion that Sadler's claims of defamation,
libel, and slander must be denied. These claims fail to state a federal
constitutional claim and, thus, cannot be pursued under 42 U.S. Code§ 1983. See
Paul v. Davis, 424 U.S. 693, 699-701 (1976); Hernandez v. Johnson, 833 F.2d
1316, 1319 (9th Cir. 1987). Further, Sadler, as a plaintiff appearing pro se, cannot
bring claims on the behalf of others. For this reason the Court agrees with Judge
Johnston that Sadler's motion to certify this matter as a class action must be
denied.
Accordingly, there being no clear error in Judge Johnston's Findings and
Recommendation, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendation (Doc. 16) is
ADOPTED IN FULL.
(2) Plaintiff Sadler's request that this matter be certified as a class action
(Civil Action No. l 6cv83-H-DLC-JTJ, Doc. 2 at 20-26) is DENIED.
(3) Plaintiff Sadler's claims of defamation, libel, and slander (Civil Action
No. 6: l 7cv42-H-DLC-JTJ, Doc. 2 at 9) are DISMISSED.

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Dated this ~~ay of July, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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