Campa v. Yellowstone County Detention Facility Nurse Staff, No. 1:2022cv00086 - Document 24 (D. Mont. 2023)
Court Description: ORDER granting 17 Motion to Dismiss for Failure to State a Claim. Any appeal would not be taken in good faith. Signed by Judge Susan P. Watters on 5/8/2023. Mailed to Campa. (TAG)
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Campa v. Yellowstone County Detention Facility Nurse Staff Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION GILBERT CAMPA, Cause No. CV 22-86-BLG-SPW Plaintiff, ORDER vs. YELLOWSTONE COUNTY DETENTION FACILITY TURNKEY NURSE STAFF, Defendants. On August 15, 2022, Plaintiff Campa moved to proceed in forma pauperis (IFP) with this action alleging violation of his right to adequate medical care as a convicted prisoner. See Compl.(Doc. 2). Campa was granted leave to proceed IFP and it was determined Campa's allegations were sufficient to require an answer. (Doc. 10.)' Defendants filed a motion to dismiss Campa's complaint and brief in 'Because Campa is a prisoner proceeding IFP, his Complaint required a pre-answer screening pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b). This sua sponte screening procedure is cumulative of, and not a substitute for, any subsequent Rule 12(b)(6) motion that a defendant may later bring. See Teahan v. Wilhelm,481 F. Supp. 2d 1115, 1119(S.D. Cal. 2007); see also Lucas V. Jovanovich, 2016 WL 2>2612i32, at *3(D. Mont. June 10, 2016). 1 Dockets.Justia.com
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