Drummond v. Medical Department, MSP et al, No. 6:2017cv00113 - Document 11 (D. Mont. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal would not be taken in good faith. Signed by Judge Brian Morris on 12/24/2018. Mailed to Drummond (TAG)

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Drummond v. Medical Department, MSP et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION MICHAEL SHANNON DRUMMOND, CV-17-113-H-BMM-JTJ Plaintiff, v. MEDICAL DEPARTMENT, MSP and DR. PAUL REES, ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATIONS Defendants. United States Magistrate Judge Johnston entered Findings and Recommendations on December 7, 2018. (Doc. 10). Judge Johnston determined that Mr. Drummond’s allegations are insufficient to state a claim and are subject to dismissal. Id. Mr. Drummond was given an opportunity to file an amended complaint. Id. Judge Johnston determined, however, that the Amended Complaint contains the same allegations as the original Complaint and therefore fails to state a claim. Id. No party filed objections to Judge Johnston’s Findings and Recommendations. The Court has reviewed the Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s Findings and Recommendations and adopts them in full. 1 Dockets.Justia.com ORDER Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings and Recommendations (Doc. 10) are ADOPTED IN FULL. IT IS ORDERED that Mr. Drummond’s claims are DISMISSED. The Clerk of the Court is directed to close this matter and enter judgment in favor of the Defendant pursuant to Rule 58 of the Federal Rules of Civil Procedure. The Clerk of the Court is further directed to have the docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that any appeal of this decision is not to be taken in good faith. No reasonable person could suppose an appeal would have merit. The record makes plain the instant Complaint lacks arguable substance in law or fact. The Clerk of the Court is directed to have the docket reflect that this dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g) because Mr. Drummond failed to state a claim. DATED this 24th day of December, 2018. 2

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