Krause v. C.C.C.S. Inc. et al
Filing
12
AMENDED ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE. Order Adopting Findings and Recommendations of November 24, 2015 11 WITHDRAWN. Plaintiff's claims against CCCS Staff, Ginger Berryman, and Joe McCarthy, are DISMISSED with prejudice. Plaintiff's deprivation of property, HIPPA, and breach of confidentiality claims are DISMISSED with prejudice. Signed by Judge Brian Morris on 11/30/2015. Mailed to Krause. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 15-15-BU-BMM-JCL
TERRY DUANE KRAUSE,
Plaintiff,
AMENDED ORDER
ADOPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
vs.
COMMUNITY, COUNSELING, AND
CORRECTIONAL SERVICES, INC.;
#2 C.C.C.S. INC. R/A STAFF,
Defendants.
The Court issued an Order Adopting Findings and Recommendations of
United States Magistrate Judge Jeremiah Lynch on November 24, 2015. (Doc. 11.)
That Order is withdrawn and is hereby replaced with the following:
Plaintiff Terry Krause filed a Complaint on April 16, 2015. (Doc. 2.) Krause
proceeds in forma pauperis. Krause alleges violations of the Americans with
Disabilities Act (ADA) and HIPPA, destruction of his personal property, and a
breach of confidentiality. The Court previously dismissed Krause’s original
Complaint for failure to state a claim. Krause filed an Amended Complaint on May
19, 2015. (Doc. 6.)
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United States Magistrate Judge Jeremiah Lynch entered Findings and
Recommendations in this matter on October 13, 2015. (Doc. 9.) Judge Lynch
reviewed Krause’s Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B),
and recommended that this Court dismiss his claims against Defendants CCCS
Staff, Ginger Berryman, and Joe McCarthy for failure to state a claim. Judge
Lynch also recommended that this Court dismiss Krause’s deprivation of property,
HIPPA, and breach of confidentiality claims. The Magistrate Judge recommends
that this Court order Community, Counseling, and Correctional Services, Inc., to
respond to Krause’s ADA claim. (Doc. 9 at 9.) The Court adopts the relevant facts
as stated in the Findings and Recommendations. (Doc. 9.)
Neither party filed objections. When a party makes no objections, the Court
need not review de novo the proposed Findings and Recommendations. Thomas v.
Arn, 474 U.S. 140, 149-152 (1986). The Court will review Judge Lynch’s Findings
and Recommendations, however, for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
The Court agrees with the Magistrate’s recommendation to dismiss Krause’s
claims against Defendants CCCS Staff, Ginger Berryman, and Joe McCarthy for
failure to state a claim. The Court further agrees with the Magistrate’s
recommendation to dismiss Krause’s deprivation of property, HIPPA, and breach
of confidentiality claims. The Court finally agrees with Judge Lynch’s
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recommendation that Defendants Community, Counseling, and Correctional
Services, Inc., must respond to Krause’s ADA claim.
This Court finds no clear error in Judge Lynch’s Findings and
Recommendations and adopts them in full.
IT IS HEREBY ORDERED:
1.
Plaintiff’s claims against CCCS Staff, Ginger Berryman, and Joe McCarthy,
are DISMISSED with prejudice.
2.
Plaintiff’s deprivation of property, HIPPA, and breach of confidentiality
claims are DISMISSED with prejudice.
3.
At all times during the pendency of this action, Krause shall immediately
advise the Court and opposing counsel of any change of address and its effective
date. Failure to file notice of a change of address may result in the dismissal of the
action for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).
DATED this 30th day of November, 2015.
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