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Corman v. Wamstad

United States District Court, D. North Dakota, Southeastern Division

February 21, 2014

Ryan Ray Corman, Plaintiff,
v.
Haley Wamstad, Andrew Eyre, Orie Oksendahl, and CPC Rule, Inc., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

RALPH R. ERICKSON, Chief District Judge.

The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636, recommending that Plaintiff Ryan Corman's amended complaint be dismissed with prejudice (Doc. #30). Corman timely filed objections to the Report and Recommendation (Doc. #31). The Court has carefully considered Corman's objections along with the entire file and now issues this Order finding that Corman has failed to state a claim upon which relief can be granted.

In his objection, Corman comments on North Dakota's civil commitment procedures and his classification as a sexually dangerous individual. These particular legal issues are before the Court in a separate action involving Corman (Ireland v. Olson, 3:13-cv-03), and will not be addressed here. Relevant to this case, Corman reiterates information about the defendants, which is already contained in documents filed with the Court. He claims the defendants deliberately misrepresented facts to the state court in order to convince the judge to civilly commit him. He contends the defendants were motivated by two "agendas": (1) "to silence and discredit [him] with respect to his direct, personal knowledge of heinous malfeasance perpetrated by officers and agents of the Grand Forks Narcotics Task Force"; and (2) "the feeding of the State's Atty's sex offender industry' to permanently silence and definitively discredit [Corman] by fabricating means to use North Dakota's overly broad statute, under which virtually any crime can be made a sex offense'". Neither of these conclusory allegations are supported by any evidence.

Moreover, the Court has combed through the record and agrees with the magistrate judge's analysis that Corman has failed to state a claim that would entitle him to relief. The Court hereby adopts the reasoning contained in the magistrate judge's Report and Recommendation. For the reasons stated therein, Corman's amended complaint is dismissed with prejudice.

Based upon the entire record before the Court, dismissal of the action is not debatable, reasonably subject to a different outcome on appeal, or otherwise deserving of further proceedings. The Court, therefore, certifies that an appeal from the dismissal of this action may not be taken in forma pauperis because such an appeal would be frivolous and cannot be taken in good faith. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962).

IT IS SO ORDERED.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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