Poulson v. Park
Filing
11
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Signed by Judge Dana L. Christensen on 1/31/2018. (APP) Copy to Poulson
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
KERMIT TY POULSON,
CV 17-143-M-DLC-JCL
Plaintiff,
ORDER
vs.
KENNETH R. PARK,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Order and
Findings and Recommendations in this case on October 16, 201 7, recommending
that this matter be dismissed for both failure to state a claim upon which relief may
be granted and for seeking monetary relief against a defendant who is immune
from such relief. (Doc. 3 at 5.) Plaintiff Kermit Ty Poulson ("Poulson") timely
filed objections to the Findings and Recommendations. (Doc. 9.) Consequently,
Poulson is entitled to a de novo review of those findings and recommendations to
which he specifically objects. 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
-1-
(9th Cir. 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).
Judge Lynch concluded, and this Court agrees, that the conduct of
Defendant Kenneth R. Park ("Park") upon which Poulson predicates both his
federal and state claims, taken as true, fall under the umbrella of absolute
immunity afforded to Park as a prosecutor. (Doc. 3 at 4.) Further, Poulson's
allegation of slander fails to state a claim upon which relief may be granted as the
allegation does not include slander as defined by Montana law. (Doc. 3 at 4-5.)
Consequently, Poulson's case should be dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) and (iii). Poulson's petulant objection fails to present any new
evidence or law supporting his claims, despite his superficial claims to the
contrary. (Doc. 9 at 1-3.) Having failed to specifically object to any of Judge
Lynch's Finding and Recommendations, this Court reviews the record for clear
error. See McDonnell Douglas Corp., 656 F.2d at 1313. Finding none,
IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
3) are ADOPTED IN FULL and this case is DISMISSED pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) and (iii).
-2-
IT IS FURTHER ORDERED that the Clerk of Court will enter judgment in
favor of Defendant and against Plaintiff in this case.
DATED this ~iday of January, 2018.
Dana L. Christensen, Chief Judge
United States District Court
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?