Davis v. Butte Silver Bow Detention Center et al

Filing 14

ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS in full. Complaint 2 DISMISSED. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 3/9/2017. Mailed to Davis. (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CLYDE AMOS DAVIS, III,
Plaintiff,

CV 16-52-BU-BMM

vs.
BUTTE-SILVER BOW DETENTION
CENTER, ED LESTER, and
DR. GREER,

ORDER

Defendants.

Plaintiff Clyde Amos Davis, III (Davis) filed a Complaint pro se on October
11, 2016. (Doc. 2). The named Defendants include Butte-Silver Bow Detention
Center, Sheriff Ed Lester and Dr. Greer. (Doc. 2 at 4-5). Davis alleges that the
Defendants violated his rights under the United States Constitution in contravention
of 42 U.S.C. § 1983 by denying him necessary medical care while he was
incarcerated at the Butte-Silver Bow Detention Center. (Doc. 2).
United States Magistrate Judge Jeremiah C. Lynch conducted an initial
screening of Davis’s Complaint under 28 U.S.C. § 1915 on November 2, 2016.
Judge Lynch determined that the Complaint failed to state a claim upon which relief
may be granted. (Doc. 7). Judge Lynch explained why the Complaint failed to
state a cognizable claim for relief. (Doc. 7 at 5-11). Judge Lynch gave Davis an

opportunity to cure the defects in his Complaint. Judge Lynch directed Davis to file
an amended complaint on or before December 2, 2016. (Doc. 7 at 15). Davis did
not file an amended complaint.
Judge Lynch issued Findings and Recommendations in this matter on
December 9, 2016. (Doc. 9). Judge Lynch recommended that Davis’s Complaint
be dismissed for failure to state a claim. (Doc. 9 at 1). Davis moved for additional
time to file objections to Judge Lynch’s Findings and Recommendations.
(Doc. 11). The Court granted Davis’s motion. (Doc. 12). The Court informed
Davis that he must file any objections to Judge Lynch’s Findings and
Recommendations on or before February 24, 2017. (Doc. 12 at 2). Davis did not
file objections to Judge Lynch’s Findings and Recommendations.
The Court has reviewed Judge Lynch’s 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 Lynch’s Findings
and Recommendations, and adopts them in full.
Accordingly, IT IS ORDERED:
1.

Davis’s Complaint (Doc. 2) is DISMISSED with prejudice.

2.

The filing of this action counts as one strike for failure to state a claim.

28 U.S.C. § 1915(g).
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3.

Any appeal of this decision would not be taken in good faith as

Davis’s Complaint is frivolous as it lacks arguable substance in law or fact.
4.

The Clerk is directed to enter judgment accordingly.

DATED this 9th day of March, 2017.

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