Ward v. Johnson et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 5/1/2018. Mailed to Ward (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
DANIEL JASON WARD,
Plaintiff,

CV 17-102-GF-BMM

vs.
BENEFIS HOSPITAL EAST,
DR. PAUL JOHNSON, DR. STACY
HERMILLER, PLANNED
PARENTING–C.C.D.C. NP KATHY
JORGENSEN,

ORDER

Defendants.

Plaintiff Daniel Ward (Ward) is a state prisoner proceeding pro se. Ward
filed a Complaint on September 22, 2017. (Doc. 2). Ward alleges that the
Defendants violated his rights under the United States Constitution in contravention
of 42 U.S.C. § 1983 by denying him proper medical care while he was incarcerated
at the Cascade County Detention Center. (Doc. 2 at 6-8).
United States Magistrate Judge John Johnston conducted an initial screening
of Ward’s Complaint under 28 U.S.C. § 1915 on March 2, 2018. (Doc. 9). Judge
Johnston determined that the Complaint failed to set forth a sufficient basis for

federal jurisdiction. (Doc. 9 at 12). Judge Johnston explained why the Complaint
failed to establish jurisdiction. (Doc. 9 at 6-9). Judge Johnston gave Ward an
opportunity to cure the defects in his Complaint. Judge Johnston directed Ward to
file an amended complaint on or before March 30, 2018. (Doc. 9 at 15). Judge
Johnston informed Ward that this action may be dismissed if he failed to comply
with the Court’s Order. (Doc. 9 at 14-15). Ward did not file an amended
complaint.
Judge Johnston issued Findings and Recommendations in this matter on April
9, 2018. (Doc. 10). Judge Johnston recommended that Ward’s Complaint be
dismissed for lack of jurisdiction. (Doc. 10 at 2). Ward 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.

Ward’s Complaint (Doc. 2) is DISMISSED for lack

of jurisdiction
2.

Any appeal of this decision would not be taken in good faith as
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Ward’s claims lack arguable substance in law or fact.

3.

The Clerk is directed to enter judgment accordingly.

DATED this 1st day of May, 2018.

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