Morrison v. Odney et al
Filing
41
ORDER ADOPTING 40 FINDINGS AND RECOMMENDATIONS; granting 28 Motion for Summary Judgment; granting 34 Motion for Summary Judgment. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 5/16/2018. Mailed to Morrison (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
JAMES MORRISON, JR.,
Plaintiff,
CV-17-20-BU-BMM
vs.
ORDER
SGT. ANDY ODNEY, and the
DIRECTOR OF THE SILVER BOW
COUNTY DETENTION CENTER,
Defendants.
Plaintiff James Morrison, Jr. (Morrison) has filed a Complaint pro se.
Morrison alleges that the Defendants violated his constitutional rights in violation
of 42 U.S.C. § 1983 by failing to protect him against an assault by another inmate
while he was incarcerated in the Butte-Silver Bow County Detention Center.
(Doc. 2).
Defendants have filed motions for summary judgment. (Docs. 28, 34).
Defendants argue that Morrison’s claims should be dismissed for failure to exhaust
his administrative remedies.
United States Magistrate Judge Jeremiah C. Lynch issued Findings and
Recommendations in this matter on April 25, 2018. (Doc. 40). Judge Lynch
recommended that Morrison’s Complaint be dismissed given that Morrison had not
exhausted the administrative remedies available to him at the Butte-Silver Bow
County Detention Center. (Doc. 40 at 3). Morrison 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. Section 1997e(a) of Title 42
prohibits a prisoner from bringing an action under 42 U.S.C. § 1983 until after he
has exhausted his administrative remedies. 42 U.S.C. § 1997e(a); Woodford v. Ngo,
548 U.S. 81, 88-89 (2006). This exhaustion requirement is mandatory. Woodford,
548 U.S. at 85. The undisputed facts establish that Morrison has failed to exhaust
his administrative remedies at the Butte-Silver Bow County Detention Center as
required under § 1997e(a).
Accordingly, IT IS ORDERED:
1.
Defendant Mark Johnson’s Motion for Summary Judgment (Doc. 28)
is GRANTED.
2.
Defendant Sgt. Andy Odney’s Motion for Summary Judgment
(Doc. 34) is GRANTED.
3.
Morrison’s Complaint (Doc. 2) is DISMISSED without prejudice
for failure to exhaust his administrative remedies.
4.
Any appeal of this decision would not be taken in good faith as
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Morrison’s Complaint lacks arguable substance in law or fact. Fed. R. App. P.
24(a)(3).
5.
The Clerk is directed to enter judgment accordingly.
DATED this 16th day of May, 2018.
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