Cannady v. Frink et al

Filing 34

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 33 in full. Defendants Motion for Summary Judgment 28 is GRANTED. Plaintiff's Amended Complaint 9 is DISMISSED with prejudice. Signed by Judge Brian Morris on 9/4/2014. Mailed to Cannady. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
DEWAYNE TODD CANNADY,
Plaintiff,

CV-14-28-GF-BMM

vs.
MARTIN FRINK, THERESA
SCHNEE, CHRISTOPHER ROST, and
CORRECTIONS CORPORATION OF
AMERICA,

ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS

Defendants.

United States Magistrate Judge Keith Strong entered Findings and
Recommendation (Doc. 33) in this matter on August 14, 2014. Plaintiff filed no
objections. When a party makes no objections, the Court need not review de novo
the proposed findings and recommendation. Thomas v. Arn, 474 U.S. 140, 149-152
(1986). This Court will review Judge Strong’s Findings and Recommendation,
however, for clear error. McDonnell Douglas Corp. v. Commodore Business
Machines Inc., 656 F.2d 1309, 1313 (9th Cir.1981).
Judge Strong recommended that Defendants’ motion for summary judgment
be granted due to Plaintiff’s failure to exhaust the available administrative remedies

for his claims. I find no clear error in Judge Strong’s Findings and
Recommendation and adopt them in full.
Corrections Corporation of America (CCA) produced a complete copy of
Cannady’s grievance file. Doc. 30 at p. 5. Cannady’s alleged injury took place on
November 8, 2012. Id. At p. 6. Cannady submitted an Inmate/Offender Informal
Resolution Form on November 12, 2012. Id. at p. 6. CCA denied Cannady’s request
on December 21, 2012. Id. at p. 7. CCA advised Cannady that he had the right to file
a formal grievance within five working days of receiving the denial. Id. Cannady did
not submit a formal grievance regarding the November 8, 2012 alleged injury. Id.
CCA argues that Cannady failed to exhaust properly his administrative remedies
as required by the Prison Litigation Reform Act. It is undisputed that Crossroads
followed the grievance procedure set forth in Montana State Prison (MSP) Procedure
3.3.3. It is also undisputed that Cannady failed to comply with MSP policy as required
by the Prison Litigation Reform Act because he did not submit a formal grievance.
Cannday did not properly exhaust the available administrative remedies for his claims.
Summary judgment is appropriate in this case.

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IT IS HEREBY ORDERED:
1.

Defendants’ Motion for Summary Judgment (Doc. 28) is GRANTED.

2.

Plaintiff’s Amended Complaint (Doc. 9) is DISMISSED with prejudice.

3.

The Clerk is directed to enter judgment accordingly.

DATED this 4rd day of September 2014.

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