Fulbright tr into the dead 2 pro#
Despite his legal background, his pro se status requires his filings be construed liberally, see Bernhardt v. 71.) Myers is a disbarred lawyer proceeding on his own behalf.
Myers raises six objections to Judge Lynch's findings, arguing it was error to (1) judicially construe the statute to include an actual malice standard (2) conclude that there was not an intent element, which made the statute ambiguous (3) apply Montana's reasonable doubt burden of proof (4) ignore Myers's vagueness argument (5) assume the statute as written does not conflict with First Amendment precedent and (6) fail to address the constitutionality of the claims presented in his Response to Summary Judgment, (Doc. Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." Concrete Pipe & Prods. § 636(b)(1), while the remaining findings and recommendations are reviewed for clear error, McDonnell Douglas Corp. Myers is entitled to de novo review of the specific findings and recommendations he identified in his objections, 28 U.S.C. 67.) Myers filed untimely objections, 1 (Doc. 52.) United States Magistrate Judge Jeremiah Lynch recommends the State's motion be granted and the case dismissed. Defendants William Fulbright and Timothy Fox (the "State") have moved for summary judgment on all claims.
Fulbright tr into the dead 2 code#
Pro se Plaintiff Robert Myers seeks declaratory and injunctive relief, alleging Montana's criminal defamation statute, Montana Code Annotated § 45-8-212, is unconstitutional on its face and as applied under the United States Constitution. Molloy, District Judge United States District Court.
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