United States District Court, D. Montana, Great Falls Division
MORRIS UNITED STATES DISTRICT COURT JUDGE
Robert M. Holguin, Jr. filed a Complaint alleging that he has
been confined in unconstitutional conditions of confinement
at the Cascade County Detention Facility. (Doc. 2.) United
States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on February 27, 2018. (Doc.
4.) Neither party filed objections.
party makes no objections, the Court need not review de
novo the proposed Findings and Recommendations.
Thomas v. Arn, 474 U.S. 140, 149-52 (1986). This
Court will review Judge Johnston's Findings and
Recommendations, however, for clear error. McDonnell
Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981).
alleges the following claims: (1) overcrowding; (2) excessive
force and failure to decontaminate after use of pepper spray;
(3) denial of literature; (4) interference with legal mail;
(5) denial of hygiene items; and (6) challenges to the basis
for his incarceration. (Doc. 4 at 3.)
Johnston determined that § 1915A(b) and §
1915(e)(2)(B) require the Court to dismiss a complaint if the
complaint fails to state a claim upon which relief may be
granted. (Doc. 4 at 3.) The Court will find the complaint to
be frivolous if it “lacks an arguable basis either in
law or in fact.” Neitzke v. Williams, 490 U.S.
319, 325 (1989). A complaint fails to state a claim upon
which relief may be granted if the plaintiff fails to allege
the grounds of his “entitlement to relief.”
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007). A complaint must “contain sufficient factual
matter, accepted as true, to state a claim to relief that is
plausible on its face.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). Holguin proceeds pro se. A document
filed by a pro se litigant must be liberally construed and a
pro se litigant must be held to less stringent standards.
Erickson v. Pardus, 551 U.S. 89, 94 (2007).
Denial of Literature
Johnston determined that prisoners do not possess a
constitutional right to rehabilitation, including
rehabilitative programs and services. Marshall v. United
States, 414 U.S. 417, 421 (1974). Judge Johnston
correctly determined that Holguin possesses no constitutional
right to any reading materials he wishes. (Doc. 4 at 6.)
Judge Johnston further correctly determined that Holguin has
not sufficiently alleged that he suffered any actual injury
caused by the alleged inadequate legal resources available to
him. Holguin's allegations fail to state a claim upon
which relief may be granted. Id. at 7. If Holguin
can allege additional facts to cure these defects, he may
file an amended complaint. Id.
Ongoing Criminal Proceedings
alleges the Montana initiative known as Marcy's Law has
unconstitutionally interfered with his criminal proceedings.
Judge Johnston determined there exists a strong policy
against federal intervention in pending state judicial
processes in the absence of extraordinary circumstances.
Younger v. Harris, 401 U.S. 37, 43-45 (1971).
Johnston correctly determined that all of the elements of
Younger abstention are present in this case. (Doc. 4
at 9.) Holguin admitted that he has ongoing criminal
proceedings against him in state court. Id. The
referenced criminal proceedings implicate important state
interests. Id. Holguin has the opportunity to
request relief from the state court to address the alleged
violations of his constitutional rights. Id. at 10.
Finally, this Court will not interfere in a state court's
proceedings absent an exceptional circumstance. Id.
The Court will abstain from proceeding with consideration of
Holguin's allegations regarding his ongoing state court
Johnston considered whether the remainder of Holguin's
claims are frivolous, malicious, fail to state a claim, or
seek solely monetary relief from a defendant who remains
immune. (Doc. 4 at 11.) Judge Johnston also considered
whether Holguin has a reasonable opportunity to prevail on
the merits. Id. Judge Johnston correctly determined
that dismissal does not remain appropriate at this time.
Id. The Court will require response to Holguin's
claims of overcrowding at the Cascade County Detention
Center, excessive use of force, failure to properly
decontaminate after use of pepper spray, interference with
legal mail, and denial of hygiene items.
Court has reviewed Judge Johnston's Findings and
Recommendations for clear error. The Court finds no error in
Judge Johnston's Findings and Recommendations, and adopts
them in full.
IS ORDERED that Judge Johnston's Findings and