Guynup v. Christian

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

MARTINSBURG

TRACI GUYNUP,

Plaintiff,

v. CIVIL ACTION NO.: 3:22-CV-68

(GROH)

LT. BILL CHRISTIAN,

DON VORBACH,

SHERRY VORBACH,

DAN DOPSON,

JENN DOPSON,

DAVID WASHINGTON,

ANTOINETTE BAKER,

MICHAEL ROGERS,

CHIEF DEPUTY C. SHAWN KIMMITZ,

SPECIAL AGENT ERIC DEEL,

CPL ZACHARY NINE,

Defendants.

ORDER OVERRULING OBJECTIONS AND

ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Now before the Court is a Report and Recommendation (“R&R”) entered by United

States Magistrate Judge Robert W. Trumble. ECF No. 14. In his R&R, Magistrate Judge

Trumble recommends (1) the Plaintiff’s Amended Complaint [ECF No. 9] be dismissed

without prejudice and (2) the Plaintiff’s Motion for Leave to Proceed in Forma Pauperis

[ECF No. 2] be denied as moot. ECF No. 14 at 20. The Plaintiff timely filed objections to

the R&R. ECF No. 16. Accordingly, this matter is ripe for adjudication.

I. LEGAL STANDARDS

Pursuant to 28 U.S.C. § 636(b)(1)(c), this Court is required to make a de novo

review of those portions of the magistrate judge’s findings to which objection is made.

However, the Court is not required to review, under a de novo or any other standard, the

factual or legal conclusions of the magistrate judge as to those portions of the findings or

recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S.

140, 150 (1985).

“When a party does make objections, but the[] objections are so general or

conclusory that they fail to direct the district court to any specific error by the magistrate

judge, de novo review is unnecessary.” Green v. Rubenstein, 644 F. Supp. 2d 723, 730

(S.D. W. Va. 2009) (citing Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982)). “When

only a general objection is made to a portion of a magistrate judge’s

report-recommendation, the Court subjects that portion of the report-recommendation to

only a clear error review.” Williams v. N.Y. State Div. of Parole, 2012 WL 2873569, at *2

(N.D.N.Y. July 12, 2012).

Courts have also held that when a party’s objection lacks adequate specificity, the

party waives that objection. See Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766

(2d Cir. 2002) (finding that even though a party filed objections to the magistrate judge’s

R&R, they were not specific enough to preserve the claim for review). Objections must

be “sufficiently specific to focus the district court’s attention on the factual and legal issues

that are truly in dispute.” Osmon v. United States, 66 F.4th 144, 146 (4th Cir. 2023)

(quoting United States v. Midgette, 478 F.3d 616, 622 (4th Cir. 2007)). While “[d]istrict

courts are not expected to relitigate entire cases to determine the basis of a litigant’s

objections[,] . . . [i]f the grounds for objection are clear, district court judges must consider

them de novo, or else run afoul of both § 636(b)(1) and Article III [of the U.S.

Constitution].” Elijah v. Dunbar, 66 F.4th 454, 460 (4th Cir. 2023).

Finally, the Fourth Circuit has long held, “[a]bsent objection, [no] explanation need

be given for adopting [an R&R].” Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983)

(finding that without an objection, no explanation whatsoever is required of the district

court when adopting an R&R).

II. DISCUSSION

First, the Court finds Magistrate Judge Trumble accurately and succinctly

summarizes the background of this case in his R&R. ECF No. 14 at 2–3. In the interest

of brevity, the Court incorporates that summary herein.

The R&R interprets the Amended Complaint as raising three overarching causes

of action: (1) civil rights claims brought under 42 U.S.C. § 1983; (2) violations of the

Americans with Disabilities Act (“ADA”) brought under 42 U.S.C. §§ 12132, 12182; and

(3) a civil claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).

ECF No. 14 at 6–7.1 Upon considering each cause of action, the R&R recommends the

Amended Complaint be dismissed without prejudice because it fails to state a claim upon

relief can be granted. Id. at 20; see also 28 U.S.C. § 1915(e)(2)(B)(ii); Michau v.

Charleston Cnty., 434 F.3d 725, 728 (4th Cir. 2006).

In her objections, the Plaintiff largely reasserts her arguments as previously

presented. See generally ECF No. 16. However, “objections need not be novel to be

sufficiently specific.” Dunbar, 66 F.4th at 460 (citing Martin v. Duffy, 858 F.3d 239, 245–46

(4th Cir. 2017)). Accordingly, the Court reviews de novo the R&R’s conclusions in turn.

1 The R&R also points out the Amended Complaint lists various federal criminal and tax statutes and

recommends dismissal of any cause of action attempting to enforce those statutes because no such private

cause of action exists. ECF No. 14 at 7–8. In the Plaintiff’s objections, however, she writes: “The criminal

statutes listed in the COMPLAINT were NOT stated as a cause of action. This is a CIVIL complaint. [The

Plaintiff] complained . . . Defendants . . . were violating the state criminal statutes AND the federal tax

codes.” ECF No. 16 at 7. The Court interprets the Plaintiff as ceding that she does not assert or otherwise

raise any cause of action attempting to privately enforce federal criminal and/or tax statutes.

A. The R&R correctly concludes the Plaintiff fails to state a § 1983 claim.

The R&R finds the Plaintiff fails to state a claim under § 1983. For Defendants

Don Vorback, Sherry Vorbach, Dan Dopson, Jennifer Dopson, Davis Washington, and

Antoinette Baker, the R&R reasons any § 1983 claim against them must fail because they

are private citizens, not state actors.2 Id. at 10. Regarding the other Defendants, the R&R

interprets the Amended Complaint to generally assert violations of the Fourth, Sixth, and

Fourteenth Amendments, all seemingly based on multiple state law enforcement

agencies declining to investigate the Plaintiff’s reports of criminal activity. Id. at 11. The

R&R concludes these assertions fail to state a claim under § 1983 because there is no

constitutional right to a criminal investigation and the Plaintiff fails to allege sufficient facts

to otherwise demonstrate a violation of the Fourth, Sixth, and Fourteenth Amendments.

See id. at 11–16.

The Plaintiff objects, arguing she “did not claim a constitutional right to an

investigation.” ECF No. 16 at 15. Rather, she avers “[t]he present case is about the law

enforcement officers in the United States of America that FAIL to intervene.” Id. In the

Plaintiff’s view, she “is a victim of the abuse of power by [state law enforcement] who

have REFUSED to investigate” her claims, violating the Fourth, Sixth, and Fourteenth

Amendments. Id. at 1, 19.

Upon review and consideration, the Court holds the R&R correctly concludes the

Plaintiff fails to state a claim under § 1983. To state a claim under § 1983, a plaintiff must

2 While private citizens are not categorically precluded from § 1983 liability, the standard to subject

non-state actors to liability under § 1983 is an exacting one. “[T]he Supreme Court has held that private

activity will generally not be deemed ‘state action’ unless the state has so dominated such activity as to

convert it into state action.” DeBauche v. Trani, 191 F.3d 499, 507 (quoting Blum v. Yarestsky, 457 U.S.

991, 1004 (1982)). Here, the Court finds the Plaintiff has not established the requisite nexus between any

private action and state action. See id. Accordingly, the Plaintiff’s § 1983 claim against the non-state actors

fails as a matter of law.

establish: (1) a person acting under color of state law (2) deprived the plaintiff of “a right,

privilege or immunity secured by the Constitution or laws of the United States.” Dowe v.

Total Action Against Poverty, 145 F.3d 653, 658 (4th Cir. 1998).

Here, the Plaintiff fails to sufficiently allege any Defendant deprived her of a right

secured by federal law. While the Plaintiff asserts violations of the Fourth, Sixth, and

Fourteenth Amendments, each assertion fails as a matter of law. First, the Sixth

Amendment cannot serve as the basis for the Plaintiff’s § 1983 claim insofar as she is not

a criminal defendant. See Johnson v. Hettleman, 812 F.2d 1401 (4th Cir. 1987) (Table)

(holding Sixth Amendment “has no application” to allegations outside the context of a

criminal defendant).

The Plaintiff’s Fourth Amendment claim similarly fails. In her objections, the

Plaintiff clarifies her argument, positing the state law enforcement Defendants violated

her Fourth Amendment rights by refusing to seize property from the other Defendants.

ECF No. 16 at 28–30. However, even assuming the property legally belonged to the

Plaintiff, she possesses no Fourth Amendment right compelling state law enforcement to

seize and return it. See DeShaney v. Winnebago Cnty. Dept. of Social Servs., 489 U.S.

189, 196 (1989) (finding “no affirmative right to governmental aid, even where such aid

may be necessary to secure . . . property interests of which the government itself may not

deprive the individual.”).

The Plaintiff’s Fourteenth Amendment claim, that the Defendants “made false,

defamatory statements about” her, fails as well. ECF No. 16 at 22. Specifically, the

Supreme Court has long held reputational harm alone is insufficient to establish a

violation of the Fourteenth Amendment. Paul v. Davis, 424 U.S. 693, 709 (1979). Thus,

because the Plaintiff’s Fourteenth Amendment claim is limited to her asserted “protected

liberty interest in her good name and reputation,” it fails as a matter of law.

In sum, the R&R correctly concludes the Plaintiff fails to state a claim under § 1983.

Accordingly, the Plaintiff’s objections arguing otherwise are overruled.

B. The R&R correctly concludes the Plaintiff fails to state an ADA claim.

The R&R finds the Amendment Complaint fails to state a claim under the ADA.

ECF No. 14 at 16–17. Specifically, the R&R reasons the Plaintiff does not proffer what

disability she purportedly has, that she “qualified for the benefit in question,” or the

existence of discriminatory intent. Id. at 17. The Plaintiff seemingly objects. ECF No. 16

at 2–5, 23–25.

Upon review and consideration, the Court holds the R&R correctly concludes the

Plaintiff fails to state a claim under the ADA. To sufficiently allege a violation of the ADA,

a plaintiff must demonstrate: (1) she has a disability; (2) she is otherwise qualified for the

benefit at issue; and (3) she was denied the benefit “due to discrimination solely on the

basis of the disability.” Baird ex rel. Baird v. Rose, 192 F.3d 462, 467 (4th Cir. 1999);

Halpern v. Wake Forest Univ. Health Scis., 669 F.3d 454, 461 (4th Cir. 2012).

Here, the Plaintiff has not established any of the three required elements to sustain

a claim under the ADA. Indeed, the Plaintiff does not state what disability she allegedly

has in either the Amended Complaint or her objections. Additionally, the Plaintiff includes

no facts to show the alleged disability “substantially limits one or more major life activities,

a record of such impairment, or [that she] is regarded as having such an impairment.”

Mustafa v. Clark Cnty. Sch. Dist., 157 F.3d 1169, 1174 (4th Cir. 1998) (citing 29 C.F.R.

§ 1630.2(g); Bragdon v. Abbot, 524 U.S. 624, 631–42 (1998)). Further, the Plaintiff does

not demonstrate she is otherwise qualified for any benefit or that she was denied such a

benefit solely on the basis of a disability.

In sum, the R&R correctly concludes the Plaintiff fails to state an ADA claim.

Accordingly, the Plaintiff’s objections arguing otherwise are overruled.

C. The R&R correctly concludes the Plaintiff fails to state a RICO claim.

The R&R finds the Amended Complaint fails to state a claim under RICO. ECF

No. 14 at 17–19. Specifically, the R&R reasons the Plaintiff has not alleged facts sufficient

to demonstrate any racketeering activity or causation between a RICO violation and a

legitimate injury to the Plaintiff’s business or property. Id. at 18–19. The Plaintiff appears

to object. See ECF No. 16 at 30–31.

Upon review and consideration, the Court holds the R&R correctly concludes the

Plaintiff fails to state a RICO claim. To establish a civil RICO claim, a “plaintiff must allege

‘(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity’ . . . [and]

that (5) [they were] injured in [their] business or property (6) by reason of” the racketeering

activity. D’Addario v. Geller, 264 F. Supp. 2d 367, 396 (E.D. Va. 2003) (quoting Sedima,

S.P.R.L. v. Imrex Co., Inc., 473 U.S. 479, 496–97 (1985)); see 18 U.S.C. §§ 1962,

1964(c).

Here, the Amended Complaint lacks facts sufficient to support a civil RICO claim.

Indeed, the Amended Complaint “only vaguely identifies the racketeering activity in which

‘Defendants’ allegedly engaged in by generally citing to various federal criminal statutes

without factual support.” ECF No. 14 at 19. Similarly, the Plaintiff’s objections simply

contend the Defendants have “committed money laundering[,] theft, and embezzlement.”

ECF No. 16 at 30. The Plaintiff’s contentions are no more than insufficient “the-defendant-

unlawfully-harmed-me accusation[s].” Ashcroft_v. Iqbal, 556 U.S. 662, 678 (2009).

Moreover, to the extent the Amended Complaint includes factual allegations at all, the

Court finds it constitutes an impermissible “shotgun pleading” that “is presented in such

a conclusory form that it is virtually impossible to ascertain what claims are asserted

against which [DJefendants and on what legal basis the respective claims are founded.”

Turton v. Va. Dep't of Educ., 2014 WL 12539403, *2 (E.D. Va. Sept. 23, 2014) (citing

Anderson v. Dist. Bd. of Trs., 77 F.3d 364, 366-67 (11th Cir. 1996); Fed. R. Civ. P. 8(a)).

In sum, the R&R correctly concludes the Plaintiff fails to state a RICO claim.

Accordingly, the Plaintiff's objections arguing otherwise are overruled.

lll. CONCLUSION

Upon de novo review, the Court holds the R&R carefully considered the record

and applied the appropriate legal analysis. Thus, the Plaintiff's objections [ECF No. 16]

are OVERRULED.

Therefore, it is the opinion of this Court that the R&R [ECF No. 14] should be, and

is hereby, ORDERED ADOPTED. For the reasons more fully stated in the R&R, the

Plaintiffs Amended Complaint [ECF No. 9] is DISMISSED WITHOUT PREJUDICE, and

this matter is ORDERED STRICKEN from the Court’s active docket. Consequently, the

Plaintiffs Motion for Leave to Proceed in Forma Pauperis [ECF No. 2] is DENIED

AS MOOT.

The Clerk of Court is DIRECTED to transmit a copy of this Order to the pro se

Plaintiff by certified mail, return receipt requested, at her last known address as reflected

on the docket sheet.

DATED: October 21, 2024 / 7) 7 gy

8 UNITED STATES DISTRICT JUDGE