Peterich v. Dr. McGree et al

Filing 12

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Signed by Judge Brian Morris on 12/16/2015. (SLL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

ROBERT PETERICH,

CV-15-65-BU-BMM-JCL

Plaintiff,
ORDER ADOPTING UNITED STATES
MAGISTRATE JUDGE’S FINDINGS AND
RECOMMENDATIONS

vs.
DR. MCGREE/ST. JAMES
HOSPITAL, SGT. LACI WILLIAMS,
CAPTAIN MARK JOHNSON, and
BUTTE SILVERBOW COUNTY
JAIL,
Defendants.

United States Magistrate Judge Jeremiah Lynch entered Findings and
Recommendations in this matter on November 13, 2015. (Doc. 7.) 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 Johnston’s Findings and

Recommendations, however, for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Plaintiff Robert Peterich has filed a Motion to Proceed in Forma Pauperis
(Doc. 3) and a proposed Complaint filed pursuant to 42 U.S.C. § 1983 alleging that
Defendants denied him medical treatment for his stomach and intestinal issues.
(Doc. 1.) Judge Lynch granted Peterich’s request to proceed in forma pauperis, and
ordered him to pay the statutory $350.00 filing fee. 28 U.S.C. § 1915(b)(l).
Because Peterich lacks sufficient funds to pay an initial partial filing fee, Judge
Lynch ordered Peterich to make monthly payments of 20 percent of the preceding
month’s income credited to his institutional account. (Doc. 7 at 1.) By separate
order, the agency having custody of Peterich will be directed to forward payments
from Peterich’s account to the Clerk of Court each time the amount in the account
exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
Judge Lynch conducted an initial screening pursuant to 28 U.S.C. §§ 1915,
1915A and determined that dismissal is not appropriate at this time. The Magistrate
ordered Defendants McGree, Williams, Johns, and the Butte Silverbow County Jail
to respond to the complaint. The Court agrees with Judge Lynch’s
recommendation that St. James Hospital should be dismissed.
There exists no clear error in any of the Magistrate’s Findings and
Recommendations, therefore,

IT IS HEREBY ORDERED that Judge Lynch’s Findings and
Recommendations (Doc. 7) is ADOPTED IN FULL. IT IS FURTHER
ORDERED that Defendant St. James Hospital should be DISMISSED.
DATED this 16th day of December, 2015.