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Holbach v. Jenkins

July 30, 2009

MITCHELL DAVID HOLBACH, PLAINTIFF,
v.
DR. RICHARD JENKINS, DEFENDANT.



The opinion of the court was delivered by: Daniel L. Hovland, Chief Judge United States District Court

ORDER ADOPTING REPORT AND RECOMMENDATION

On May 22, 2009, the plaintiff, Mitchell Holbach, filed a PLRA packet and an application to proceed in forma pauperis. See Docket Nos. 1 and 2. On June 1, 2009, Holbach filed a pro se complaint pursuant to 42 U.S.C. § 1983. See Docket No. 7. Holbach's action is indirectly related to state court convictions for stalking. Holbach alleges,

On March 3, 2006, Dr. Richard Jenkins, Director of Student Affairs for Minot State University issued a notice of no trespass prohibiting the plaintiff from entering onto Minot State University property.

As grounds, defendant declared plaintiff had violated a no-contact order prohibiting plaintiff of being within 300 feet of a Joy Dixon.

Plaintiff had not violated any no contact order.

Defendant violated plaintiffs right to due process of law and the presumption of innocence. Defendant violated plaintiffs right to equality of law.

See Docket No. 7 (errors in original).

Magistrate Judge Charles S. Miller, Jr. conducted a review of the record and relevant case law and submitted a Report and Recommendation on July 15, 2009. See Docket No. 8. Judge Miller found that Holbach's complaint is devoid of any cognizable constitutional claim against Dr. Jenkins. Judge Miller recommended that Holbach's complaint be dismissed without prejudice.

Holbach was given ten (10) days to file an objection to the Report and Recommendation. Holbach filed objections on July 28, 2009. See Docket Nos. 9 and 10.

Holbach contends that he had a constitutional right to be on the Minot State University campus on January 17, 2006, the day that the original stalking charge was filed, and that he has frequented the Minot State University campus for years to attend public activities and the university library:

Mitchell David Holbach was born in the City of Minot North Dakota. He has been a life long resident. He attended campus school, which was located on the campus of Minot State University from 1970 through 1978. The campus laboratory school was located in the former Minot Model High School, now known as Model Hall Plaintiff attended Bishop Ryan High School which is immediately adjacent and next to Minot State University from 1978 to 1982. He is a graduate of the Minot Public School System.

Plaintiff is also a graduate of the North Dakota State College of Science in Wahpeton ND, and of the North Dakota University System. A university system alumnus.

Plaintiff attended Minot State University from 1999 to 2002.

Plaintiff has participated and attended in public activities at Minot State University over the entirety of his life. He regularily attended sporting events, including North ...


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