Green v. County of Gallatin et al
Filing
47
ORDER ADOPTING 42 FINDINGS AND RECOMMENDATIONS; granting 35 Motion for Summary Judgment. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 6/26/2019. Mailed to Green (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
NATHAN FREMONT GREEN,
CV-17-13-BU-BMM-JCL
Plaintiff,
vs.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
COUNTY OF GALLATIN, OFFICER
NEWTON, GALLATIN COUNTY
DETENTION CENTER, and
GALLATIN COUNTY SHERIFF’S
DEPARTMENT,
Respondent.
Plaintiff Nathan Green (“Mr. Green”) is a former state prisoner proceeding
without counsel. Mr. Green alleged that while incarcerated at the Gallatin County
Detention Center, Defendant Officer Newton refused to allow Mr. Green to use a
toilet for an undefined period of time as a form of alternative punishment for Mr.
Green not making his bed. (Doc. 42 at 2). Mr. Green alleged also that Officer
Newton agreed to allow Mr. Green to use the toilet on the condition that Mr. Green
wash windows as an alternative punishment. Id. Officer Newton punished Mr.
Green when Mr. Green failed to wash the windows. Id.
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Defendants moved the Court for Summary Judgment and requested that the
Court dismiss Mr. Green’s claims. The United States Magistrate Judge Lynch
entered Findings and Recommendations in this matter on April 10, 2019. (Doc.
42). Judge Lynch determined that Mr. Green had failed to exhaust administrative
remedies prior to filing a lawsuit. (Doc. 42 at 8). Judge Lynch recommended that
Defendants motion for summary judgment be granted and the action dismissed
without prejudice. Id. at 9.
The Court reviews de novo Findings and Recommendations timely objected
to. 28 U.S.C. § 636(b)(1). The Court reviews for clear error the portions of the
Findings and Recommendations not specifically objected to. McDonnell Douglas
Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Where
a party’s objections constitute perfunctory responses of the same arguments set
forth in the original response, however, the Court will review for clear error the
applicable portions of the Findings and Recommendations. Rosling v. Kirkegard,
2014 WL 693315 *3 (D. Mont. Feb. 21, 2014) (internal citations omitted).
Mr. Green timely filed his objections. (Doc. 46). Mr. Green claims that he
“can only again argue that the Gallatin County Jail’s grievance system was unduly
complicated.” Id. These objections present simply the same arguments that Judge
Lynch addressed in his Findings and Recommendations, (Doc. 42), and the Court
finds no clear error in Judge Lynch’s Findings and Recommendations.
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ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Lynch’s Findings and
Recommendations (Doc. 42) are ADOPTED IN FULL.
IT IS ORDERED that Defendants Gallatin County and Officer Newton’s
motion for summary judgment is GRANTED, and the action is DISMISSED
without prejudice pursuant to 42 U.S.C. § 1997e(a).
The Clerk of the Court is directed to close this matter and enter judgement in
favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil Procedure.
The Clerk of the Court is directed to make a docket entry reflecting that the
Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate
Procedure that any appeal of this decision would not be taken in good faith. No
reasonable person could suppose an appeal would have merit. The record makes
plain the Complaint lacks arguable substance in law or fact.
DATED this 25th day of June, 2019.
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