Rodriguez v. Wright et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. The Complaint 2 is DISMISSED WITH PREJUDICE. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal would not be taken in good faith. Signed by Judge Donald W. Molloy on 7/1/2013. Mailed to Rodriguez. (TAG, )

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

THOMAS LONNIE RODRIGUEZ,

CV 13-29-GF-DWM-RKS

Plaintiff,
ORDER
vs.
TIMOTHY WRIGHT, CASCADE
COUNTY ADULT DETENTION
REGIONAL CORRECTIONAL
FACILITY, CORPORAL BRYCE,
CORRECTIONAL OFFICER MILLER,
CORRECTIONAL OFFICER
PATTERSON, CORRECTIONAL
OFFICER ANDERSON, and
CORPORAL TROMBLEY
Defendants.
Timothy Rodriguez claims the defendants violated his eighth amendment
rights after an altercation he had with another prisoner. Rodriguez is a prisoner
proceeding in forma pauperis, so his complaint must be reviewed under 28 U.S.C.
§§ 1915, 1915A. Magistrate Judge Keith Strong recommends dismissing
Rodriguez's complaint with prejudice and ordering a strike against Rodriguez
under 28 U.S.C. § 1915(g).
Rodriguez had 14 days to file objections to Judge Strong's Findings and
Recommendation. He did not do so. So the Court reviews the Findings and

Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus.
Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
The Court finds no clear error. Rodriguez's eighth amendment claim fails
because Rodriguez initiated the underlying incident, and he failed to report his
injuries. He does not allege that any official knew or disregarded an excessive risk
to his safety. For the reasons given in the Findings and Recommendation, the
Court dismisses Rodriguez's complaint with prejudice.
IT IS ORDERED that the Findings and Recommendation (doc. 10) is
adopted in full.
IT IS FURTHER ORDERED that Thomas Rodriguez's complaint (doc. 2) is
DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close this case
and enter judgment in favor of the defendants.
IT IS FURTHER ORDERED that the Clerk of Court is directed to indicate
on the docket that this dismissal is a strike under 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that the Court certifies that any appeal taken
from this case would not be taken in good faith. See Fed. R. Civ. P. 24(a)(3)(A).

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Dated this_ day of July 2013.