United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS OF UNITED STATES
Johnston United States Magistrate Judge
Maurice Ronald Archer, a state prisoner proceeding pro se,
see (Doc. 12), filed a Complaint alleging
irregularities in his state criminal proceedings. (Doc. 6).
The Complaint fails to state a claim upon which relief may be
granted and should be dismissed.
Archer is a prisoner proceeding in forma pauperis the Court
must review his Complaint under 28 U.S.C. §§ 1915,
1915A. Sections l9l5A(b) and 1915(e)(2)(B) require the Court
to dismiss a complaint filed in forma pauperis and/or by a
prisoner against a governmental defendant before it is served
if it is frivolous or malicious, fails to state a claim upon
which relief may be granted, or seeks monetary relief from a
defendant who is immune from such relief.
complaint is frivolous if it "lacks an arguable basis
either in law or in fact." Neitzkev. Williams,
490 U.S. 319, 325 (1989). A complaint is malicious if not
pleaded in good faith. Kinney v. Plymouth Rock Squab.
Co., 236 U.S. 43, 46 (1915). A complaint fails to state
a claim upon which relief may be granted if a plaintiff fails
to allege the "grounds" of his "entitlement to
relief." Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 555 (2007) (quotation omitted).
of the Federal Rules of Civil Procedure provides that a
complaint "that states a claim for relief must contain
... a short and plain statement of the claim showing that the
[plaintiff] is entitled to relief." Fed.R.Civ.P.
8(a)(2). In order to satisfy the requirements in Rule 8 a
complaint's allegations must cross "the line from
conceivable to plausible." Ashcroft v. Iqbal,
556 U.S. 662, 680 (2009). There is a two-step procedure to
determine whether a complaint's allegations cross that
line. See Twombly, 550 U.S. at 556; Iqbal,
556 U.S. 662. First, the Court must identify "the
allegations in the complaint that are not entitled to the
assumption of truth." Iqbal, 556 U.S. at 679,
680. Factual allegations are not entitled to the assumption
of truth if they are "merely consistent with
liability," or "amount to nothing more than a
'formulaic recitation of the elements' of a
constitutional" claim. Id. at 679, 681. A
complaint stops short of the line between probability and the
possibility of relief where the facts pled are merely
consistent with a defendant's liability. Id. at
the Court must determine whether the complaint states a
"plausible" claim for relief. Iqbal, 556
U.S. at 679. A claim is "plausible" if the factual
allegations, which are accepted as true, "allow[ ] the
court to draw the reasonable inference that the defendant is
liable for the misconduct alleged." Id. at 678.
This inquiry is "a context-specific task that requires
the reviewing court to draw on its judicial experience and
common sense." Id. at 679 (citation omitted).
If the factual allegations, which are accepted as true,
"do not permit the court to infer more than the mere
possibility of misconduct, the complaint has alleged-but it
has not "show[n]"-"that the pleader is
entitled to relief." Id. (citing Fed.R.Civ.P.
document filed pro se is 'to be liberally
construed,' and 'apro se complaint, however
inartfully pleaded, must be held to less stringent standards
than formal pleadings drafted by lawyers.'"
Erickson v. Pardu, 551 U.S. 89, 94 (2007);
cf. Fed. Rule Civ. Proc. 8(e) ("Pleadings must
be construed so as to do justice").
Archer, along with John Chambers, Charles Clary, Keith Doyle,
and Brian Smith, joined in filing the complaint lodged in
this matter and sought certification to proceed as a class.
(Docs. 6, 7, 8). The Court denied the Plaintiffs* motion for
class certification and ordered that the claims be severed.
See generally, (Doc. 15). Accordingly, separate
cases were opened for each of the named
September of 2007, Archer was convicted of Sexual Assault and
Incest in Montana's Eighteenth Judicial District,
Gallatin County, in Cause No. DC 06-46C. (Doc. 6 at
Archer previously challenged his 2007 convictions in this
Court via federal habeas corpus petitions under 28 U.S.C.
§ 2254. Archer's first federal petition was
dismissed with prejudice as procedurally defaulted in its
entirety. See Archer v. Mahoney, No. CV
09-73-BU-SHE-RKS (D. Mont. Judgment entered Mar. 2, 2010).
Archer's second habeas petition was dismissed for lack of
jurisdiction as an unauthorized second or successive
petition. See Archer v. Berkebile, No. CV
15-51-GF-BMM (D. Mont. Judgment entered September 1, 2015).
instant matter Archer complains his state charges were
brought "under indictment by information" and that
he was deprived of either a "constitutionally mandated
preliminary examination before a magistrate" or a
"non-perfunctory adversarial hearing before the district
judge prior to being indicted by information on judicial
order to file the information as the instrument of
indictment." (Doc. 6 at 2). Archer contends that other
similarly situated individuals, too numerous to number, have
had their due process rights violated by the purported faulty
charging manner utilized by the State of Montana and are also
entitled to justice. Id. at 4.
asserts Attorney General Timothy Fox, as the chief law
enforcement officer in the state, has been made aware of the
due process violations that have occurred as a result of the
unconstitutional charging practice, by virtue of numerous
appeals, post conviction matters, and state habeas petitions
that have been filed. Id. at 4-5. Archer complains