Alvarado v. Mr. Sharpe et al

Filing 15

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Signed by Judge Brian Morris on 12/16/2015. (SLL, ) Modified on 12/16/2015: mailed to Alvarado (TAG, ).

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

THOMAS ALVARADO,

CV-15-05-GF-BMM-JTJ

Plaintiff,
ORDER ADOPTING UNITED STATES
MAGISTRATE JUDGE’S FINDINGS AND
RECOMMENDATIONS

vs.
WARDEN CROSSROAD
CORRECTIONAL CENTER, et al.,
Defendants.

United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on October 26, 2015. (Doc. 10.) Neither party
filed objections. When a party makes no objections, the Court need not review de
novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140,
149–152 (1986). The Court will review Judge Johnston’s Findings and
Recommendations, however, for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Johnston construed Alvarado’s claims in his Amended Complaint as
Eighth Amendment denial of medical care claims. Alvarado alleges permanent
disfigurement due to an improperly cared for broken finger and knee injury.
Alvarado is a federal prisoner currently incarcerated at the Federal Correctional

Institution in Herlong, California. The incidents complained of in his Amended
Complaint occurred at Crossroads Correctional Center (“CCC”) in Shelby,
Montana. Mr. Alvarado is proceeding in forma pauperis and without counsel.
In his Amended Complaint, Mr. Alvarado names the following Defendants:
Warden Sharpe, Case Manager Yaskew, Lieutenant Finn, Dr. Weaver, Donna
Randolph, U.S. Marshal David Bell, and Correctional Corporation of America.
Judge Johnston recommends that the Defendants named in the original complaint,
but not in the amended complaint (Defendant M.L. Rink and all Jane and John
Does), should be dismissed. Judge Johnston further recommends that Alvarado’s
claims that he was denied an x-ray while incarcerated at CCC, and his claims
against David Bell, should be dismissed.
The Court agrees with Judge Johnston that while the alleged denial of x-rays
does not amount to deliberate indifference, the alleged denial of all treatment for
Alvarado’s pain for nearly a week for a broken finger and injured knee plausibly
states a claim for deliberate indifference to serious medical needs. The Court
agrees with Judge Johnstone’s determination that Defendants Sharpe, Yaskew,
Finn/Linn, Weaver, Randolph, and Correctional Corporation of America must
respond to these claims. There remains no clear error in any of the Magistrate’s
Findings and Recommendations, therefore,

IT IS HEREBY ORDERED that Judge Johnston’s Findings and
Recommendations (Doc. 10) is ADOPTED IN FULL. IT IS FURTHER
ORDERED that Alvarado’s claims that he was denied an x-ray while incarcerated
at Crossroads Correctional Center, and Defendants M.L. Rink, David Bell, and all
Jane and John Does should be DISMISSED.
DATED this 16th day of December, 2015.