Hardground v. Valley County Detention Center et al

Filing 9

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Complaint 2 is DISMISSED with prejudice. 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 6/8/2016. Mailed to Hardground. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
TERRENCE F. HARDGROUND,
Plaintiff,

CV 15-100-GF-BMM

vs.
VALLEY COUNTY DETENTION
CENTER, et al.,

ORDER

Defendants.

Plaintiff Terrence Hardground (Hardground) is a Montana state prisoner
proceeding pro se. Hardground filed a Complaint on November 12, 2015. (Doc.
2). The named Defendants are: Valley County Sheriff Glen Meier, Sheriff Meier’s
secretary, Detention Officer Darell Berhan, and Detention Officer Doug. (Doc. 2 at
5). Hardground alleges that the Defendants violated his rights under the United
States Constitution in contravention of 42 U.S.C. § 1983 by interfering with
documents he placed in the mail while he was incarcerated at the Valley County
Detention Center. (Doc. 2).
United States Magistrate Judge John Johnston conducted an initial screening
of Hardground’s Complaint under 28 U.S.C. § 1915 on March 30, 2016. Judge
Johnston determined that the Complaint failed to state a claim upon which relief
may be granted. (Doc. 7). Judge Johnston explained why the Complaint failed to

state a cognizable claim for relief. (Doc. 7 at 3-5). Judge Johnston gave
Hardground an opportunity to cure the defects in his Complaint. Judge Johnston
directed Hardground to file an amended complaint on or before April 22, 2016.
(Doc. 7 at 11). Hardground did not file an amended complaint.
Judge Johnston issued Findings and Recommendations in this matter on
May 10, 2016. (Doc. 8). Judge Johnston recommended that Hardground’s
Complaint be dismissed for failure to state a claim. Hardground 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:
1.

Hardground’s Complaint (Doc. 2) is DISMISSED with prejudice.

2.

The filing of this action counts as one strike for failure to state a claim.

28 U.S.C. § 1915(g).
3.

Any appeal of this decision would not be taken in good faith as

Hardground’s claims are frivolous.

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4.

The Clerk is directed to enter judgment accordingly.

DATED this 8th day of June, 2016.

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