Fournier v. Crossroads Correctional Center et al

Filing 8

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 7/12/2017. Mailed to Fournier (TAG)

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

SEAN LANCE FOURNIER,

CV-16-00125-GF-BMM-JTJ

Plaintiff,
vs.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

CCA-CCC, WARDEN(S), MS.
BOWEN, et al.,
Defendants.

Plaintiff Sean Fournier, a prisoner at Montana State Prison, filed a
Complaint pro se alleging violations of 42 U.S.C. § 1983. (Doc. 2.) Fournier has
named the following entities and individuals as Defendants: the Crossroads
Correctional Center (“CCC”); staff, grievance coordinators, wardens from 2004 to
2007, and counselors of CCC; Ms. Bowen, cook management; and Mike Mahoney,
ex warden. (Doc. 7 at 2.) Fournier alleges that the Defendants deprived him of
various constitutional rights during his time as a prisoner at CCC from 2004 to
2006. (Doc. 2 at 5.) United States Magistrate Judge John Johnston entered Findings
and Recommendations in this matter on June 21, 2017. (Doc. 7.) Neither party
filed objections.

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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, 149-52
(1986). This 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 acknowledged that the Court must screen Fournier’s
complaint and dismiss it or portions thereof if the complaint is “frivolous,” “fails to
state a claim upon which relief may be granted,” or “seeks monetary relief from a
defendant who is immune.” (Doc. 7 at 2-3.) Judge Johnston determined that
Fournier’s Complaint failed to state a claim under Rule 8 of the Federal Rules of
Civil Procedure. Id. at 5. Judge Johnston further concluded that the operative
statute of limitations for § 1983 claims bars Fournier’s Complaint. Id. at 5-6. Judge
Johnston provided thorough reasoning for these two determinations. The Court
concurs.
The Court has reviewed Judge Johnston’s Findings and Recommendations
for clear error. The Court finds no error in Judge Johnston’s Findings and
Recommendations, and adopts them in full.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 7) is ADOPTED IN FULL.

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IT IS FURTHER ORDERED that this matter is DISMISSED WITH
PREJUDICE. The Clerk of Court is directed to close this matter and enter
judgment in favor of Defendant pursuant to Rule 58 of the Federal Rules of Civil
Procedure.
IT IS ALSO ORDERED that the Clerk of Court is directed to have the
docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal
Rules of Appellate Procedure that any appeal of this decision would not be taken in
good faith. No reasonable person could suppose an appeal would have merit. The
record makes plain that the Amended Complaint lacks arguable substance in law or
fact.
DATED this 12th day of July, 2017.

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