Opinion
4:21-cv-335-AW-MAF
01-07-2022
DOUGLAS A. MORIN, Plaintiff, v. JONATHAN SJOSTROM, et al., Defendants.
ORDER OF DISMISSAL
ALLEN WINSOR UNITED STATES DISTRICT JUDGE
Douglas Morin sued a state judge and others. ECF No. 11. Morin reports “that the basis of the Compliant is the attempt by state actors to murder [him] . . . and that others, et al, joined . . . to conceal or cover-up the deeds of others.” ECF No. 19 at 1. The precise basis of his claims is unclear, but the gist is that someone he thought was a narcotics officer stabbed him, and others (including the judge) tried to cover it all up.
The magistrate judge found Morin's pleading was a shotgun complaint and granted leave to amend. ECF No. 3. The magistrate judge found the amended complaint was also a shotgun complaint, and he issued a report and recommendation suggesting dismissal. ECF No. 18. I have considered Morin's objections de novo, ECF No. 19, and I agree that the complaint is a shotgun complaint subject to dismissal.
The magistrate judge also found there is judicial immunity as to the judge, that Younger abstention and Heck v. Humphrey preclude relief, and that claims against non-state actors (like the public defender) are not cognizable under § 1983. ECF No. 18. Morin takes issue with these latter conclusions, saying “[t]he magistrate judge has erred in his belief that this complaint had anything to do with what was then a pending litigation.” ECF No. 19 at 2. If there is any confusion about what Morin actually claims-and there is-it is because he has (twice) filed a shotgun complaint, as the magistrate judge concluded. I therefore need not address the magistrate judge's conclusions about abstention, Heck, or whether certain aspects of Morin's claims are cognizable under § 1983. I will dismiss based solely on the fact that Morin has filed a shotgun complaint. And because he was already alerted to the deficiencies and given an opportunity to amend, this dismissal will be with prejudice.
It is now ORDERED:
1. The Report and Recommendation (ECF No. 18) is adopted and incorporated into this order to the extent it concludes dismissal is appropriate because Morin filed a shotgun complaint.
2. The clerk will enter a judgment that says, “This action is dismissed with prejudice because Plaintiff filed a shotgun complaint.”
3. The clerk will then close the file.
SO ORDERED.