Baggerman v. McAfee et al, No. 9:2008cv00131 - Document 5 (D. Mont. 2008)

Court Description: FINDINGS AND RECOMMENDATIONS re 2 Complaint IFP/Prisoner filed by Frances Baggerman. Objections to F&R due by 12/18/2008. Signed by Jeremiah C. Lynch on 12/1/2008. (Line, Tim) Modified on 12/2/2008 to reflect mailing copy to Baggerman this date (APP, ).
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Baggerman v. McAfee et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION _____________________________________________ FRANCES BAGGERMAN, CV 08-131-M-DWM-JCL Plaintiff, vs. FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE STEVE McAFEE, DAVE ARMERDING, and KARLA COPENHAVER, Defendants. _____________________________________________ The Plaintiff, Frances Baggerman, filed her Complaint in this action on September 11, 2008. Her Complaint alleges Defendants discriminated against her, based on her disabilities, relative to her housing circumstances in Missoula. Baggerman’s Complaint sets forth bare allegations of discrimination and harassment committed against her and her “State Service Dog”. She alleges the occurrence of an assault on her, and she states her dog died unjustifiably, but she does not explain the factual circumstances surrounding those occurrences. She also alleges her cleaning deposit is due to be returned to her. Baggerman’s allegations, however, do not present any factual description of any specific events which allegedly occurred, or when any such events may have occurred. By Order entered September 19, 2008, the Court granted Baggerman’s Motion to Proceed In Forma Pauperis under authority FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE - Page 1 of 28 U.S.C. § 1915(a), and the Court reviewed the merits of Baggerman’s allegations under § 1915(e)(2). 2008 Order at 1-2. See September 19, Upon such review, the Court concluded Baggerman failed to allege any facts in support of her claims and, therefore, her Complaint failed to state a claim on which relief could be granted thereby subjecting the Complaint to dismissal. Id. at 4. Although Baggerman’s Complaint fails to state a claim for relief, the Court afforded her an opportunity to amend her pleading to properly state a claim. The Court gave her until October 17, 2008, to file her amended pleading. Baggerman has not filed her amended pleading as permitted by the Court. Accordingly, Baggerman’s original defective pleading remains pending before the Court. Based on the foregoing, the Court hereby enters the following: RECOMMENDATION For the reasons stated in the Court’s September 19, 2008 Order, Baggerman’s Complaint filed on September 11, 2008, fails to state a claim on which relief may be granted and should be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). DATED this 1st day of December, 2008. /s/ Jeremiah C. Lynch Jeremiah C. Lynch United States Magistrate Judge FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE - Page 2