United States District Court, D. Montana, Billings Division
ORDER ON FINDINGS AND RECOMMENDATIONS AND OTHER
J. BRYAN United States District Judge.
matter comes before the Court on the Findings and
Recommendations (“Report”) of U.S. Magistrate
Judge Timothy J. Cavan. Dkt. 15. The Court has considered the
pleadings filed regarding the report and the remaining
October 6, 2017, Plaintiff, a pro se prisoner in
federal custody at the Federal Correction Complex Allenwood
Low in White Deer, Pennsylvania, filed a proposed complaint
and application to proceed in forma pauperis
(“IFP”). Dkt. 1. In his proposed complaint,
Plaintiff asserts that U.S. District Judge Susan P. Watters
has held him “in false custody, ” and as a
result, he was sexually assaulted. Id.
November 29, 2017, the Report was issued from the United
States Magistrate Judge assigned to the case. Dkt. 15. The
facts and procedural history are in the Report (Dkt. 15, at
1-2) and are adopted here. The Report recommends dismissal of
the case because Judge Watters is entitled to absolute
judicial immunity and because Plaintiff's claims
challenge the fact or duration of his confinement, and so are
barred by Heck v. Humphrey, 512 U.S. 477, 486-87
(1994). Dkt. 15. Plaintiff was given fourteen days to file
December 4, 2017, Plaintiff filed a “Motion to Proceed,
” in which he asserted that Judge Watters “lied
to hold [him] in federal custody.” Dkt. 17. On December
5, 2017, Plaintiff filed a “Motion to the Court for
Help, ” alleging that the prison has denied him
necessary medical care and food. Dkt. 18. Plaintiff also
reiterated his claim that Judge Watters lied and he uses
various slurs against her. Id. He maintained that
Judge Watters wants him to die, which is why he is getting no
medical attention. Id.
December 12, 2017, Plaintiff filed a motion for extension of
time to file objections to the Report and Recommendation.
Dkt. 20. Plaintiff asserted that he has “a very serious
medical condition . . . [he] is starving and is in a lot of
pain from the assault.” Id. He maintained that
he “can't object in this kind of condition, ”
and so “demands extension to object.”
December 13, 2017, the case was reassigned to the
undersigned. Dkt. 21.
first motion for an extension of time to file objections was
granted, and he was given until January 5, 2018 to file his
objections, if any. Dkt. 22. The Report, (Dkt. 15), and the
other pending motions, “Motion to Proceed, ”
(Dkt. 17) and the “Motion to the Court for Help”
(Dkt. 18) were renoted for consideration for January 5, 2018.
January 2, 2018, Plaintiff filed a “Motion for Video
Hearing, ” so that Plaintiff could explain why Judge
Watters can be sued. Dkt. 24. He makes reference to filing
another “§ 2255 petition.” Id. That
same day, Plaintiff filed a “Motion for Extension,
” stating that he “is in Terre Haute in being
transported for medical attention” and needs more time
to file objections. Dkt. 23. He did not specify how much time
he needed to file the objections. Id.
“Motion for Extension” (Dkt. 23) was granted, and
he was given to January 26, 2018, to file objections, if any
to the Report. Dkt. 25.
January 12, 2018, Plaintiff filed this third motion for
extension of time. Dkt. 27. In this motion, Plaintiff stated
“objection is due Jan - 5 - 2018.” Id.
He again stated that he “cannot object by Jan - 5-
2018” because he was “being transferred for
medical care, ” and was “unable to file objection
at this time because of medical condition.”
Id. He asked for an “extension to
January 16, 2018, Plaintiff's third motion for an
extension of time to file objections (Dkt. 27) was denied.
Dkt. 28. Plaintiff was reminded that his objections, if any,
were due by January 26, 2018. Id.
January 22, 2018, Plaintiff filed a notice of change of
address. Dkt. 29. He requested that the Clerk of the Court
send copies of orders from the case. Id. Plaintiff
also noted that “objections still needs to be
same day, the Clerk of the Court mailed Plaintiff copies of
the three orders issued in the case since the case was
assigned to the undersigned (Dkts. ...