Quigg et al v. Bell et al

Filing 33

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 26 in full. Complaint served on Nurse Vicki, Nurse Angie, PA Caruso, and Sheriff Linder; claims against all remaining Defendants are DISMISSED. Signed by Judge Brian Morris on 3/4/2019. Mailed to Quigg at CCC (TAG)

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

GARY L. QUIGG,
CV 17–35–GF–BMM–JTJ
Plaintiff,
ORDER

vs.
DARRELL BELL, et. al.,
Defendant.

The Court allowed Plaintiff Gary Quigg to file a Second Amended
Complaint on or before January 5, 2018. (Docs. 20, 22.) Quigg filed an Objection
to the Court’s Order on January 8, 2018. (Doc. 23.) The Court ruled on Quigg’s
objections and Quigg filed a Second Amended Complaint on July 25, 2018. (Doc.
25.)
Magistrate Judge John Johnston entered his Findings and Recommendations
in this matter on December 26, 2018. (Doc. 26.) Quigg is a prisoner proceeding in
forma pauperis. Judge Johnston reviewed Quiggs Second Amended Complaint
under 28 U.S.C. §§ 1915, 1915A. Judge Johnston determined that Quigg’s
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Amended Complaint be served on the following Defendants: Nurse Vicki, Nurse
Angie, PA Caruso, and Sheriff Linder. (Doc. 26 at 22-23.) Judge Johnston further
recommended that Quigg’s claims against the remaining Defendants be dismissed.
Id. at 24-26.
Quigg filed a Motion for Extension of Time to File Objection to Judge
Johnston’s Findings and Recommendations on January 1, 2018. (Doc. 29.) The
Court granted Quigg’s motion on February 6, 2018. (Doc. 29.) The Court ordered
that Quigg file his objections on or before February 28, 2019. Id. Quigg did not file
objections to Judge Johnston’s Findings and Recommendations.
Absent objection, this Court reviews findings and recommendations for clear
error. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en
banc); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is
left with a “definite and firm conviction that a mistake has been committed.”
United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). The
Court finds no error in Judge Johnston’s Findings and Recommendations.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 26) are ADOPTED IN FULL. Quigg’s Complaint shall be served on the
following Defendants: Nurse Vicki, Nurse Angie, PA Caruso, and Sheriff Linder.

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IT IS FURTHER ORDERED that Quigg’s claims against all remaining
Defendants are DISMISSED.
DATED this 4th day of March, 2019.

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