Hunter v. Montana State Prison et al

Filing 13

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Complaint 1 DISMISSED WITH PREJUDICE. Any appeal would not be taken in good faith. Signed by Judge Dana L. Christensen on 1/31/2013. Mailed to Hunter. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

MICHAEL W. HUNTER,
Plaintiff,
vs.
MONTANA STATE PRISON,
ROSS SWANSON, MICHELE
STEHY,
Defendants.

CV 12-96-H-DLC-RKS

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ORDER

United States Magistrate Judge Keith Strong issued findings and
recommendations to dismiss PlaintiffMichael Hunter's complaint on December 5,
2012. (Doc. 11.) Plaintiff timely filed objections and is therefore entitled to de
novo review of the specified findings and recommendations to which he objects.
28 U.S.C. § 636(b)(1). The parties are familiar with the factual and procedural
background of this case so it will not be repeated here.
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Plaintiffs complaint alleged facts that were too vague to comprehend.
Judge Strong issued an order permitting Plaintiff to file an amended complaint
because the defects could be cured by alleging additional facts, including who he
intended to sue, when the events occurred, and how he states a federal claim.
Plaintiff did not filed an amended complaint, so Judge Strong recommended
dismissing the complaint for failure to state a claim upon which relief may be
granted. (Doc. 11.) Plaintiff objected to Judge Strong's findings and
recommendations by stating that his factual allegations clearly defined his
complaint that canvas deck shoes are improper footwear for both indoor and
outdoor prison recreation. Plaintiff contends recreation is a civil liberty/right for
prisoners and he is unable to enjoy it with the current footwear issued by the
Montana State Prison. He alleges the canvas deck shoes place a burden on his
joints, skeletal frame, nervous system, and mental health.
Plaintiffs objections do not cure the defects pointed out by Judge Strong.
The Court is still unable to determine what legal claims Plaintiff seeks to assert
against whom, and why his displeasure with the footwear provided by the prison
amounts to a federal claim. Judge Strong's findings and recommendations will be
adopted in full. There being no clear error in Judge Strong's remaining findings
and recommendations,
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IT IS HEREBY ORDERED:
1. Judge Strong's findings and recommendations (doc. 11) are ADOPTED

in full.
2. Plaintiffs Complaint (doc. 1) is DISMISSED WITH PREJUDICE.
3. The Clerk of Court is directed to close this matter and enter judgment
pursuant to Rule 58 of the Federal Rules ofProcedure.
4. The docket shall reflect that the Court certifies pursuant to Fed.R.App.P.
24(a)(3)(A) that any appeal of this decision would not be taken in good faith. The
docket shall also reflect this dismissal counts as a strike pursuant to 28 U.S.C. §
1915(g).

Dated this

$ \ ~t-day of January, 2013.
Dana L. Christensen, District Judge
United States District Court

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