Sutton v. Caspen et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. All claims against Defendants Cascade County Detention/Regional Center; Spectrum Medical; Linda K. Brooks, LPN; DOC/MSP Monitor Mr. Godfrey; CCRP Grievance Coordinator Mr. Norris; and Spectrum Medical Staff are DISMISSED without prejudice. Signed by Judge Brian Morris on 4/28/2015. Mailed to Sutton. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FRED SUTTON,
Plaintiff,

CV-15-12-GF-BMM

vs.
DOUGLAS CASPEN, PAC Spectrum
Medical Staff,

ORDER

Defendant.

Plaintiff Fred Sutton (Sutton) is a prisoner incarcerated at the Cascade
County Regional Prison in Great Falls, Montana. Sutton is proceeding pro se.
Sutton filed a Complaint on January 21, 2015, alleging that he was denied medical
care in violation of the Eighth Amendment to the United States Constitution. The
named Defendants were Cascade County Detention/Regional Center; Spectrum
Medical; Douglas Caspen, PAC; Linda K. Brooks, LPN; DOC/MSP Monitor Mr.
Godfrey; CCRP Grievance Coordinator Mr. Norris; and Spectrum Medical Staff.
United States Magistrate Judge John Johnston issued an Order on

January

22, 2015, informing Sutton that his Complaint was defective because it failed to
assert a specific claim against each Defendant. (Doc. 4 at 4). Judge Johnston gave
Sutton an opportunity to file an Amended Complaint.

Sutton filed an Amended Complaint on February 5, 2015. (Doc. 6). The
Amended Complaint names a single Defendant – Douglas Caspen, PAC. Sutton
alleges that Caspen denied him medical care for his back in violation of the Eighth
Amendment.
Judge Johnston entered Findings and Recommendations in this matter on
March 16, 2015. (Doc. 8). Judge Johnston recommended that the claims against
Defendants Cascade County Detention/Regional Center; Spectrum Medical; Linda
K. Brooks, LPN; DOC/MSP Monitor Mr. Godfrey; CCRP Grievance Coordinator
Mr. Norris; and Spectrum Medical Staff be dismissed without prejudice since they
are not named as defendants in the Amended Complaint. Sutton did not file
objections to Judge Johnston’s Findings and Recommendations.
The Court has reviewed Judge Johnston’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 Johnston’s
Findings and Recommendations, and adopts them in full.
Accordingly, IT IS ORDERED:
All claims against Defendants Cascade County Detention/Regional
Center; Spectrum Medical; Linda K. Brooks, LPN; DOC/MSP Monitor Mr.
Godfrey; CCRP Grievance Coordinator Mr. Norris; and Spectrum Medical Staff
-2-

are DISMISSED without prejudice.
DATED this 28th day of April, 2015.

-3-