Walker v. Kim

Background

Kevin Walker, proceeding without a lawyer, sued several federal prosecutors, agents, and police officers who had been involved in two criminal cases in which he was a defendant. The defendants moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal when a complaint does not state a legally valid claim. Defendants Daniel Churla and Michael McCready did not join that motion because the United States Marshals Service had been unable to serve them.

Magistrate Judge Cave issued a Report and Recommendation recommending that the motion be granted and the case dismissed. Walker objected. The district court explained that Walker’s objections repeated arguments from his earlier filings, so it reviewed the challenged portions of the recommendation for clear error. It also reviewed for clear error the portions to which Walker had not objected.

Reasons for dismissal

The court found no clear error in Magistrate Judge Cave’s conclusions. It agreed that Walker’s claims seeking damages from federal officials for alleged constitutional violations were barred by Heck v. Humphrey, absolute and qualified immunity, and collateral estoppel. The court also agreed that the complaint was subject to dismissal under Rule 12(b)(6). The unchallenged conclusions included that Walker had not adequately alleged the federal defendants’ personal involvement and had failed to state claims for false arrest, conspiracy, and civil racketeering. The court also agreed that Walker was not entitled to the equitable relief he sought.

The court separately addressed service on Churla and McCready. It noted that Walker had been warned that he was responsible for serving them and could ask the court for assistance or more time. He did neither. Because he still had not served them or requested assistance, the court dismissed Churla and McCready with prejudice for failure to serve.

Ruling

Judge Valerie Caproni adopted the Report and Recommendation in full. The defendants’ motion to dismiss was granted, and the case was dismissed. The court stated that Walker’s failure to make adequate and specific objections prevented appellate review of the decision. It certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The clerk was directed to mail Walker a copy of the order and close the case.