Campbell v. Core Civic et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 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 6/24/2019. Mailed to Campbell (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
PAUL CAMPBELL,
CV-18-131-GF-BMM-JTJ
Plaintiff,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

CORECIVIC, MDOC, and DOJ
EMPLOYEES OF CROSSROAD
CORRECTIONAL CENTER, et al.,

Defendants.

Plaintiff Paul Campbell, a prisoner proceeding without counsel, filed a
Complaint on October 9, 2018. (Doc. 1). The Court issued an Order finding that
the Complaint failed to state a claim for relief and was subject to dismissal. (Doc.
8). The Court provided Mr. Campbell with an opportunity to file an amended
complaint and was specifically advised that if he failed to correct the defects in his
Complaint, the Court would recommend that this matter be dismissed. Id.
Mr. Campbell failed to file an amended complaint. Magistrate Judge
Johnston determined that Mr. Campbell has failed to state a federal claim upon

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which relief may be granted. Judge Johnston recommends that this matter be
dismissed. (Doc. 9 at 1-2).
No party filed 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.
ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 9) are ADOPTED IN FULL.
IT IS ORDERED that Mr. Campbell’s action be DISMISSED for failure
to state a federal claim.
The Clerk of the Court is directed to close this matter and enter judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
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 the
Complaints lack arguable substance in law or fact

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The Clerk of Court is directed to have the docket reflect that this dismissal
counts as a strike pursuant to 28 U.S.C. § 1915(g) because Mr. Campbell failed to
state a claim upon which relief may be granted.
DATED this 24th day of June, 2019.

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