Riggs v. Crossroads Correctional Center, C.C.A. et al, No. 4:2010cv00023 - Document 35 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 33 in full. 17 Motion to Dismiss filed by Captain Mertz, Rena Bear, Assistant Warden Law, Warden MacDonald, Ron Stercho, C/O Mirical is GRANTED. ALL claims against these Defendants are DISMISSED withou t prejudice for failure to exhaust administrative remedies. All claims against Defendant Arnold are DISMISSED without prejudice for failure to effect service. Any appeal would not be taken in good faith. Signed by Judge Sam E Haddon on 2/15/2011. (TAG, )
Download PDF
Riggs v. Crossroads Correctional Center, C.C.A. et al Doc. 35 FI LED • 2011 FEB 15 PrJ 3 1 PATRICK E. DUFFY. GLERK IN THE UNITED STATES DISTRICT COURTDEPUTY CURK FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION ROBERT D. RIGGS, Plaintiff, No. CV-IO-23-GF-SEH vs. ORDER WARDEN MACDONALD, et aI., Defendants. United States Magistrate Judge Keith Strong entered his Findings and Recommendations 1 in this matter on January 25, 2011. Plaintiff filed objections on February 11,2011. The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.C. § 636(b)(1). Upon de novo review of the record, I find no error in Judge Strong's Findings and Recommendations and adopt them in full. 1 Doc.ument No. 33 Dockets.Justia.com ORDERED: L The Motion to Dismiss filed by Defendants Warden MacDonald, Warden Law, Unit Manager Sturchio, Captain Mertz, Rena Bear and C/O Mirical 2 is GRANTED. ALL claims against these Defendants are DISMISSED without prejudice for failure to exhaust administrative remedies. 2. All claims against Defendant Arnold are DISMISSED without prejudice for failure to effect service. Fed. R. Civ. P. 4(m). 3. The Clerk is directed to enter judgment in favor of Defendants and against P lainti tT. 4. Any appeal from this disposition would not be taken in good faith as Plaintiff failed to exhaust his administrative remedies, and he failed to serve Defendant Arnold. Fed. DATED this IS P. 24(a)(3). ay of February, 2011. 2 United States District Judge Document No. 17 2 '