Beam v. Officer Nelson et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. 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 12/7/2017. Mailed to Beam (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
OFFICER NELSON, SGT. WALISER,
OFFICER POWELL, and OFFICER
Plaintiff Jameison Beam (Beam) is a state prisoner proceeding pro se. Beam
filed a Complaint on April 17, 2017. (Doc. 2). The named Defendants are four law
enforcement officers employed at the Gallatin County Detention Center in
Bozeman, Montana. (Doc. 2 at 4-5). Beam alleges that the Defendants violated his
rights under the First and Eighth Amendments to the United States Constitution in
contravention of 42 U.S.C. § 1983. (Doc. 2 at 6). Beam alleges that he was the
victim of assault, sexual assault, hate crimes and retaliation. Id.
United States Magistrate Judge Jeremiah Lynch conducted an initial
screening of Beam’s Complaint under 28 U.S.C. § 1915 on September 19, 2017.
(Doc. 8). Judge Lynch determined that the Complaint failed to state a claim upon
which relief may be granted. (Doc. 8 at 8). Judge Lynch explained why the
Complaint failed to state a cognizable claim for relief under federal law. (Doc. 8 at
2-8). Judge Lynch gave Beam an opportunity to cure the defects in his Complaint.
Judge Lynch directed Beam to file an amended complaint on or before October 27,
2017. (Doc. 8 at 12). Judge Lynch informed Beam that this action may be
dismissed if he failed to comply with the Court’s Order. Id. Beam filed a response
to the Court’s Order on November 1, 2017. (Doc. 11). Beam refused to file an
amended complaint. Id.
Judge Lynch issued Findings and Recommendations in this matter on
November 9, 2017. (Doc. 12). Judge Lynch recommended that Beam’s Complaint
be dismissed for failure to state a federal claim. (Doc. 12 at 2). Beam 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:
Beam’s Complaint (Doc. 2) is DISMISSED with prejudice.
The filing of this action counts as one strike for failure to state a claim
upon which relief may be granted. 28 U.S.C. § 1915(g).
Any appeal of this decision would not be taken in good faith as
Beam’s claims are frivolous.
The Clerk is directed to enter judgment accordingly.
DATED this 7th day of December, 2017.
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