Smith v. Middendorf

Background

Byron David Smith brought the case against Brian Middendorf, identified as the Morrison County Attorney; Michel Wetzel, identified as the former Morrison County Sheriff; and their respective staffs, in their individual and professional capacities. The opinion does not describe the specific underlying claims in the complaint.

Magistrate Judge David T. Schultz issued a report and recommendation concluding that the case should be dismissed without prejudice because Smith failed to state a claim for relief. The recommendation also stated that Smith’s claims were barred by Heck v. Humphrey, a rule that generally prevents certain civil claims from proceeding when success would undermine a criminal judgment or sentence.

Objections and ruling

Smith filed a brief that the court construed as an objection to the report and recommendation. The court explained that it must independently review any portion of a recommendation challenged by a specific objection. It found, however, that Smith’s brief did not identify the recommendation or state a specific objection. Smith also gave no reason why the finding that his claims were barred by Heck was clearly erroneous. The court further concluded that the recommendation had explained the deficiencies in Smith’s pleading and that Smith had not corrected them.

Disposition

The court adopted the report and recommendation. It dismissed the complaint without prejudice, meaning the order did not state that refiling was barred. The court denied Smith’s motion to appoint counsel as moot and denied his motion for waiver of service as moot. Judge Paul A. Magnuson directed that judgment be entered accordingly.