Talbot v. Cheevers et al

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 4 Order, Findings and Recommendations. IT IS HEREBY ORDERED that this action is DISMISSED for failure to state a claim. The Clerk of Court is directed to enter a judgment of dismissal and to close the case file. Signed by Judge Dana L. Christensen on 6/14/2012. (APP, ) Copy mailed to Talbot this date.

FILED

JUN\ ~ 2012
p"TRICK E. DUfFY. CLERK

INTIIE UNlTED STATES DISTRICT COURT ByDEPUTYCLERK,MlSSOULA
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
NANCY TALBOT,

)
)
Plaintiff,
)
)
vs.
)
)
JOE CHEEVERS; LINCOLN COUNTY
)

COMMISSIONERS; LINCOLN COUNTY
)

JUSTICE SYSTEM (JUSTICE AND
)

DISTRICT COURTS); LINCOLN COUNTY
)

SHERIFF'S DEPARTMENT; LINCOLN
)

COUNTY ATTORNEYS' OFFICE; TOM
)

HARMOND, State Brand Inspector; STATE
)

BRAND INSPECTORS' OFFICE; STORMY
)

LANGSTON, Justice Court Judge; TERRY
)

UTTER, former Justice Court Judge; JUDGE
)

PREZEAU; JUDGE WHEELIS; and MONTANA)

SUPREME COURT,
)

)
Defendants.
)

CV 12-48-M-DLC-JCL

ORDER

--------------- )
United States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendations on May 22, 2012, in which he recommends dismissal of
Plaintiff Nancy Talbot's Complaint because Talbot's allegations fail to state a
claim for relief against any of the named Defendants. Plaintiff Talbot did not
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timely object ' to the Findings and Recommendation, and so has waived the right to
de novo review of the record. 28 U.S.C. § 636(b)(1). This Court will review the
Findings and Recommendation for clear error. McDonnell Douglas Com. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). 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).
Talbot's claims arise from the alleged theft and abuse of Talbot's horse by
Defendant Joe Cheevers. All other Defendants are government actors. Judge
Lynch construed Talbot's Complaint as alleging civil rights claims against the
governmental Defendants under 42 U.S.C. § 1983 for their alleged failure to
properly investigate and prosecute the horse theft, and state claims seeking to
recover damages against Defendant Cheevers. After preliminary screening ofthe
Complaint, Judge Lynch concluded that Talbot has failed to state a claim against
any of the governmental Defendants. He determined that the state courts, the State
Brand Inspector's Office, and the state judges are all immune from suit under these
circumstances. As to the remaining governmental Defendants, Judge Lynch found
lPlaintiffTalbot filed untimely objections that were received by the Court on June 11,
2012. The deadline for filing objections ~ June 8, 2012. Plaintiff Talbot's objections do not
address the legal basis for Judge Lynch's recommendation, and contain nothing more than
unfounded accusations of bias and corruption against this Court and others. Because the
Plaintiffs objections are untimely, and because they do not state a proper legal objection, they
will not be considered.
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that Plaintiff Talbot has failed to state a claim because there is no constitutional
right to have a criminal investigation or prosecution initiated against another
person. With regard to Defendant Cheevers, Judge Lynch concluded that Plaintiff
Talbot may not maintain a § 1983 action against Cheevers because he is a private
citizen. Because there are no viable federal claims, Judge Lynch recommends that
this Court decline to exercise supplemental jurisdiction over any state law claims
against Defendant Cheevers. Judge Lynch recommends dismissal without leave to
amend because it does not appear that the Plaintiff could cure these defects by
pleading additional facts.
The Court can find no clear error with Judge Lynch's Findings and
Recommendations (Doc. No.4), and therefore adopts them in fulL
Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED
for failure to state a claim. The Clerk of Court is directed to enter a judgment of
dismissal and to close the case file.
DATED this 14th day of June, 2012.

Dana L. Christensen, District Judge
United States District Court

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