Braaton v. Nexus Treatment Center et al
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. 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 5/1/2018. Mailed to Braaton (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
THOMAS J. BRAATON,
CV-17-00086-GF-BMM-JTJ
Plaintiff,
vs.
ORDER
NEXUS TREATMENT CENTER,
LAC; LORI, MD. DOCTOR
MENTAL HEALTH HOWARD,
STATE OF MONTANA,
Defendants.
Plaintiff Thomas Braaton filed a Complaint pursuant to 42 U.S.C. § 1983
alleging that Nexus Treatment Center denied him adequate medical care. (Doc. 1.)
The Court determined that the Complaint, as currently plead, failed to state a claim
upon which relief may be granted on January 30, 2018. (Doc. 9.) Braaton had the
opportunity to file an Amended Complaint on or before March 2, 2018. Id. Braaton
failed to do so.
United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on April 9, 2018. (Doc. 10.) Neither party filed
objections. When a party makes no objections, the Court need not review de novo
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the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 14952 (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 determined that Braaton has failed to state a federal claim
upon which relief may be granted. The Eighth Amendment requires that prisoners
receive adequate medical care. Estelle v. Gamble, 429 U.S. 97, 104 (1976). To
state a claim for failure to provide medical care, a prisoner must allege that the
defendants acted with deliberate indifference. Id. at 106. Judge Johnston
determined that Braaton has failed to set forth sufficient facts to show deliberate
indifference to a serious medical need. (Doc. 9 at 6.) Braaton had the opportunity
to amend his Complaint. He failed to do so. Judge Johnston recommends that this
matter be dismissed. (Doc. 10 at 2.)
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 10), are ADOPTED IN FULL.
IT IS ORDERED that matter is DISMISSED for failure to state a federal
claim.
IT IS ORDERED that the Clerk of Court shall close this matter and enter
judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
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IT IS ORDERED that the Clerk shall have the docket reflect that 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 the Complaint lacks arguable
substance in law or fact.
IT IS FURTHER ORDERED that the Clerk of Court shall have the docket
reflect that this dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g) as
Braaton failed to state a claim upon which relief may be granted.
DATED this 1st day of May, 2018.
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