Melton v. Lohse et al, No. 4:2011cv00024 - Document 8 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. The Complaint 2 is DISMISSED for failure to state a claim; the Court certifies that any appeal would not be taken in good faith. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g) Signed by Judge Sam E Haddon on 6/13/2011. Mailed to Melton. (TAG, )
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Melton v. Lohse et al Doc. 8 FI L.E D 2011 .IUN 13 PrJ 1 55 ,'ATRiCK E. c;UFi'Y. CLERK By _ _ _ _ _ __ DEi"'L;TY CLERK IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION RICHARD MELTON, Plaintiff, No. CV 11-24-GF-SEH vs. ORDER SPECTRUM MEDICAL; ANGELA LOHSE (Director of Health Services); GREG SCOTT, M.D.; JESSE K.; CASCADE COUNTY DETENTION CENTER, Defendants. On May 16, 2011, United States Magistrate Judge Keith Strong entered Findings and Recommendation' in this matter. Plaintiff did not file objections. No review is required ofproposed findings and recommendations to which no , Docket No.4. Dockets.Justia.com objection is made. Thomas v. Am, 474 U.S. 140,149-152 (1986). However, this Court will review Judge Strong's Findings and Reconnnendation for clear error. Upon review, I find no clear error in Judge Strong's Findings and Reconnnendation and adopt them in full. ORDERED: I. The Complaint2 is DISMISSED for failure to state a claim upon which relief may be granted. 2. The docket shall reflect the filing of this action constitutes one strike under 28 U.S.C. ยง 1915(g). 3. A certificate of appealability is DENIED. Any appeal from this disposition will not be taken in good faith due to the frivolous nature of the issues raised. The Clerk is DATED this 2 Docket No.2. judgment accordingly. day of June, 2011.