Old-Horn v. City of Polson et al
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. 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 Dana L. Christensen on 9/30/2020. Transmitted electronically to prison for delivery to Plaintiff. (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
CV 20 –56–M–DLC–KLD
CLIFFORD DIONE OLD-HORN,
Plaintiff,
vs.
ORDER
CITY OF POLSON and COUNTY OF
LAKE,
Defendants.
On September 3, 2020 United States Magistrate Judge Kathleen L. DeSoto
entered her Findings and Recommendations recommending that Plaintiff Clifford
Dione Old-Horn’s complaint (Doc. 1) be dismissed on the basis that it advances
claims barred by the applicable statute of limitations. (Doc. 4.) Mr. Old-Horn has
not filed any objections.
A party is only entitled to de novo review of those findings to which he or
she specifically objects. 28 U.S.C. § 636(b)(1)(C). In the absence of an objection,
this Court reviews findings for clear error. United States v. Reyna-Tapia, 328
F.3d 1114, 1121 (9th Cir. 2003); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear
error review is “significantly deferential” and exists when the Court is left with a
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“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 DeSoto conducted a screening analysis under 28 U.S.C. §§ 1915 and
1915A and concluded that Mr. Old-Horn’s claims were frivolous. Specifically,
Judge DeSoto concluded that Mr. Old-Horn’s claims, brought under 42 U.S.C. §
1983, were barred by the applicable statute of limitations. (Doc. 4 at 5.)
Reviewing for clear error, the Court finds none.
Mr. Old-Horn’s claims stem from a wrongful conviction he suffered because
of the improper admission of an involuntary confession. See generally State v.
Old-Horn, 328 P.3d 638 (Mont. 2014). The statute of limitations for claims
brought under 42 U.S.C. § 1983 is the limitation on personal injury actions in the
state in which the claim accrues. Owens v. Okure, 488 U.S. 235, 250–51 (1989).
For section 1983 claims accruing in Montana, the three-year general personal
injury statute of limitations applies. Blackburn v. Blue Mountain Women’s Clinic,
951 P.2d 1, 82 (Mont. 1989); see also Mont. Code Ann. § 27-2-204(1).
Mr. Old-Horn’s complaint (Doc. 1) is dated April 29, 2020. The Court
agrees with Judge DeSoto that even applying the most generous accrual date of
June, 2014, when reversal of his conviction was affirmed by the Montana Supreme
Court, his claims still fall well outside of the applicable three-year statute of
limitations. (Doc. 4 at 5.) As such, his complaint (Doc. 1) will be dismissed.
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Accordingly, IT IS ORDERED that Judge DeSoto’s Findings and
Recommendations (Doc. 4) is ADOPTED in full.
IT IS FURTHER ORDERED that Mr. Old-Horn’s complaint (Doc. 1) is
DISMISSED with prejudice.
IT IS FURTHER ORDERED that the Court certifies pursuant to Rule
24(a)(3)(A) of the Federal Rules of Appellate Procedure that any appeal in this
matter would not be taken in good faith. Mr. Old-Horn’s claims fall well outside
the applicable statute of limitations and are thus frivolous.
IT IS FURTHER ORDERED that the Clerk of Court shall have the docket
reflect the foregoing certification and that this dismissal counts as a strike pursuant
to 28 U.S.C. § 1915(g).
The Clerk of Court is directed to enter judgment pursuant to Rule 58 of the
Federal Rules of Civil Procedure and close the case file.
DATED this 30th day of September, 2020.
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