United States District Court, D. Minnesota
Paul Ernest Sellors, Duluth, Minnesota 55814, pro se Plaintiff.
D. Gerald Wilhelm, United States Attorney's Office, 300 South Fourth Street, Suite 600, Minneapolis, Minnesota 55415, for Defendants Barack Obama, Eric H. Holder, Jr., William Frankel, Kristen L. Mix, David B. Barlow, John W. Huber, Scott Romney, Steven Molesky, Martin Siebnaler, Marcia Krieger, Christine M. Arguello, Craig B. Shaffer, Kathleen M. Tafoya, and John F. Walsh.
Ryan M. Zipf, League of Minnesota Cities, 145 University Avenue West, Saint Paul, Minnesota 55103, for Defendants Kiel Rushton and Johnathan Schlingman.
SUSAN RICHARD NELSON, District Judge.
This matter is before the Court on Plaintiff's Objections [Doc. No. 40] to United States Magistrate Judge Janie S. Mayeron's February 19, 2014, Report and Recommendation ("R&R") [Doc. No. 38]. The Magistrate Judge recommended that: (1) Defendants Kiel Rushton and Johnathan Schlingman's Motion to Dimiss [Doc. No. 5] be granted; (2) Defendants Barack Obama, Eric Holder, Jr., William Frankel, Kristen L. Mix, David B. Barlow, John W. Huber, Scott Romney, Steven Molesky, Martin Siebenaler, Marcia S. Krieger, Christine M. Arguello, Craig B. Shaffer, Kathleen M. Tafoya, and John Walsh's Motion to Dismiss [Doc. No. 18] be granted; and (3) this matter be dismissed with prejudice. (Feb. 19, 2014, R&R at 26 [Doc. No. 38].) For the reasons that follow, the Court overrules Plaintiff's Objections and adopts the R&R in its entirety.
The Magistrate Judge's R&R thoroughly documents the factual and procedural background of the case, which is incorporated here by reference. Briefly stated, Sellors was indicted in Colorado and found guilty of using a forged and counterfeit seal of the United States District Court, District of Minnesota, to authenticate fraudulent documents, in violation of 18 U.S.C. § 505. (Indictment, United States of Am. v. Ronald Roy Hoodenpyle and Paul Ernest Sellors, 13-cr-140-CMA-2 (D. Colo.) [Doc. No. 1].) Judgment was entered on November 15, 2013, sentencing Sellors to eighteen months for each of the three counts on which he was convicted, to be served concurrently. (J. in a Criminal Case, 13-cr-140-CMA-2 (D. Colo.) [Doc. No. 141].)
On September 11, 2013, Sellors sued Defendants in Minnesota state district court, claiming violations of the United States Constitution, various provisions of the United States Code, the Preamble to the Bill of Rights, Minnesota "organic ordinances, " "God's Laws, " and "Law Principles." (Compl. [Doc. No. 1-1].) The alleged violations relate to Sellors' arrest in Minnesota on a warrant issued by the District of Colorado, the transfer of his custody to federal law enforcement agents, and his eventual conviction of violating 18 U.S.C. § 505. The federal defendants removed the case to this Court, and the state defendants moved to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Notice of Removal [Doc. No. 1]; Defs.' Mot. to Dismiss [Doc. No. 5].) On October 2, 2013, Sellors filed an Amended Complaint [Doc. No. 14], which is virtually identical to the original Complaint [Doc. No. 1-1]. On November 15, 2013, the federal defendants moved to dismiss the Amended Complaint under Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure. (Defs.' Mot. to Dismiss [Doc. No. 18].)
On February 19, 2014, the Magistrate Judge issued her R&R, recommending that Defendants' motions to dismiss [Doc. Nos. 5, 18] be granted and this matter be dismissed with prejudice. (Feb. 19, 2014, R&R at 26 [Doc. No. 38].) Her reasoning is as follows. First, the Magistrate Judge concluded that the Amended Complaint failed to comply with Rule 8 of the Federal Rules of Civil Procedure, because it did not clearly state which claims Sellors was asserting against which defendant, and many of the "legal theories" were unclear. (Feb. 19, 2014, R&R at 16-18 [Doc. No. 38].) Second, the Magistrate Judge explained that Sellors had no private right of action to sue under the cited statutes in the Amended Complaint. (Id. at 19.) Third, the Magistrate Judge found that Sellors had no private right of action for claims arising under the Minnesota Constitution. (Id. at 20.) Fourth, the Magistrate Judge concluded that the state defendants were immune from suit, because Sellors failed to plead the elements of a claim under 42 U.S.C. § 1981-and regardless, the state defendants were entitled to qualified immunity for their actions in executing the arrest warrant issued by the District of Colorado. (Id. at 20-22.) Fifth, the Magistrate Judge found that all claims against the federal defendants failed because the defendant judges, prosecutors, President Obama, and Attorney General Holder were entitled to immunity for their actions. (Id. at 23.) To the extent Sellors was bringing a tort claim against the federal defendants, the Magistrate Judge found that he did not exhaust his administrative remedies under the Federal Tort Claims Act. (Id. at 24.)
On March 5, 2014, Sellors objected to the R&R. (Objections to R&R [Doc. No. 40].) On March 7, 2014, the state defendants filed their response. (Defs.' Resp. to Pl.'s Objections to R&R [Doc. No. 41].)
A. Standard of Review
A party "may file and serve specific written objections to a magistrate judge's proposed findings and recommendations." D.Minn. LR 72.2(b)(1). The district court will review de novo those portions of the R&R to which an objection is made, and it "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C); FED. R. CIV. P. 72(b)(3); D.Minn. LR 72.2(b)(3). ...