Smith v. Fletcher et al

Filing 24

ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS in full; finding as moot 9 Motion to Dismiss for Failure to State a Claim; granting 15 Motion for Summary Judgment. Signed by Judge Brian Morris on 10/29/2018. Mailed to Smith (TAG)

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

BENJAMIN KARL SMITH,

CV-18-08-GF-BMM

Plaintiff,
vs.
MR. HENSON, WARDEN FENDER,
D.J. GODFREY, ASST. WARDEN
POWELL, CHAPLIN DELELLA, and
MR. MADRID,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

Defendants.

Plaintiff Benjamin Smith filed a Complaint on January 16, 2018, alleging the
violation of his First, Eighth, and Fourteenth Amendment rights and the Religious
Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §
2000cc et seq. (Doc. 2.)
Defendants Mr. Henson, Warden Fender, Mr. Madrid, Assistant Warden
Powell, and Chaplain Delella (“CoreCivic Defendants”) filed a Motion for
Summary Judgment on April 26, 2018, arguing that Smith failed to exhaust his
administrative remedies before filing his Complaint. (Doc. 16.) United States
Magistrate Judge John Johnston entered Findings and Recommendations in this

matter on September 18, 2018. (Doc. 23.) Judge Johnston found that Smith did not
exhaust Crossroad Correction Center’s administrative grievance procedure. (Doc.
23 at 9.) Judge Johnston recommended that the Court grant CoreCivic Defendants’
Motion for Summary Judgment. (Doc. 23 at 9.)
Defendant D.J. Godfrey filed a Motion to Dismiss pursuant to Rule 12(b)(6)
on February 23, 2018. (Doc. 9.) Godfrey contends that Smith’s complaint does not
satisfy the Rule 12(b)(6) standard for two reasons. (Doc. 9 at 2-3.) First, Godfrey is
employed at Montana State Prison, not at Crossroads Correctional Center (“CCC”)
where the alleged violations occurred. (Doc. 9 at 2-3.) Second, Godfrey’s position
as the contracts bed coordinator has nothing to do with religious programming, the
basis of Smith’s complaint. (Doc. 9 at 3.) Because Smith failed to exhaust his
administrative remedies, Judge Johnston recommended that the Court deny
Godfrey’s motion to dismiss as moot. (Doc. 23 at 12.)
No party has filed objections. 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 that Judge Johnston’s Findings and
Recommendations (Doc. 23) is ADOPTED IN FULL.

IT IS FURTHER ORDERED that CoreCivic Defendants’ Motion for
Summary Judgment (Doc. 15) is GRANTED.
IT IS FURTHER ORDERED that Defendant D.J. Godfrey’s Motion to
Dismiss (Doc. 9) is DENIED AS MOOT.
DATED this 29th day of October, 2018.