Sullivant v. Spectrum Medical Services et al, No. 9:2011cv00119 - Document 36 (D. Mont. 2012)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 28 in full. Spectrum Medical Services and Nurse Practitioner Judy's motion to dismiss 23 is DENIED. These defendants are ordered to file an answer to Kevin Sullivant's Amended Complaint. Signed by Judge Donald W. Molloy on 2/29/2012. Mailed to Sullivant. (TAG, )

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Sullivant v. Spectrum Medical Services et al Doc. 36 FILED FEB 292012 e;ATRICK E. DUFFY. CLERK DEPUTY CLERK, MISSOULA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION KEVIN RAYMOND SULLIVANT, ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. SPECTRUM MEDICAL SERVICES, NURSE PRACTITIONER JUDY, and RAVALLI COUNTY, Defendants. CV 11-1l9-M-DWM-JCL ORDER ------------------------) On January 27, 2012, the defendants, Spectrum Medical, Inc., and Nurse Practitioner Judy filed a motion to dismiss under Federal Ru1e of Civil Procedure l2(b)(6). The defendants claim that Kevin Sullivant's Amended Complaint fails to 1 Dockets.Justia.com state a claim upon which relief may be granted. Judge Lynch recommended denying the defendant's motion and recommended that the defendants be ordered to file an answer to the Amended Complaint. The defendants did not object to Judge Lynch's Findings and Recommendations. Thus, the Court reviews 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 clear error in Judge Lynch's Findings and Recommendations and adopts them in full. In particular, Judge Lynch did not clearly err in finding that Mr. Sullivant's Amended Complaint states a claim upon which relief may be granted. IT IS ORDERED that Judge Lynch's Findings and Recommendations (dkt # 28) are adopted in fulL IT IS FURTHER ORDERED that Spectrum Medical Services and Nurse Practitioner Judy's motion to dismiss (dkt # 23) is DENIED. IT IS FURTHER ORDERED that these defendants are ordered to file an answer to Kevin Sullivant's Amended Complaint. 2 Dated this 1!J;'t;.y of February 2012. Donald Vf! 011 y, DistrictJudge United ~ates Di .ct Court / 3

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