Guille v. Sweeney et al

Filing 12

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Plaintiff's claims regarding denial of due process, the grievance procedures, and denial of medical care are DISMISSED. Defendants K. Cozby, Billie Reich, and Jane Does are DISMISSED. Signed by Judge Dana L. Christensen on 2/11/2015. Mailed to Guille. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
CV 14-51-H-DLC-JTJ

ADRIAN GUILLE,
Plaintiff,

ORDER

vs.
JOSH SWEENEY, TOM WOOD,
CHRIS CONNEL, MYRON BEESON,
SGT. ROBERT TURNER, K.
COZBY, JOSH KNIGHT, BILLIE
REICH, and JOHN and JANE DOES,

FILED
FEB 1 1 2015
Clerk, U.S District Court
District Of Montana
Missoula

Defendants.

United States Magistrate Judge John T. Johnston entered Findings and
Recommendations on January 20, 2015, recommending that Guille's claims of
denial of due process, the grievance procedure, and denial of adequate medical
care be dismissed and that Defendants K. Cozby, Billie Reich, and Jane Does be
dismissed. Plaintiff failed to timely object to the Findings and Recommendations,
and so waived the right to de nova review of the record. 28 U.S.C. § 636(b)(l).
The Court will therefore review the record for clear error. McDonnell Douglas
Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

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Clear error exists if the Court is left with a "definite and firm conviction that a
mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir.
2000). There is no clear error in Judge Johnston's Findings and
Recommendations and the Court adopts them in full. Because the parties are
familiar with the facts of this case they will only be included here as necessary to
explain the Court's order.
Judge Johnston did not clearly err in finding that 45 days in segregation did
not place an atypical or significant hardship on Guille, and therefore did not give
rise to a protected liberty interest for purposes of Guilee's Fourteenth Amendment
procedural due process claim. Sandin v. Conner, 515 U.S. 472 (1995). There is
no clear error in Judge Johnston's finding that Guille does not have a
constitutional right to a specific grievance procedure. Ramirez v. Galaza, 334
F.3d 850 (9th Cir. 2003).
There is no clear error in Judge Johnston's finding that Guille fails to state a
claim upon which relief may be granted in his Eighth Amendment claim for denial
of medical care. Even if Guille could allege facts showing his injuries amounted
to a serious medical need, which he has not done, he has failed to show deliberate
indifference to his medical needs. Medical personnel met with Guille and
determined that no treatment was necessary at the time. Guille's differing opinion
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does not give rise to a section 1983 claim. Franklin v. Oregon, 662 F.2d 1337,
1344 (9th Cir. 1981 ).
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 11) are ADOPTED IN FULL. Plaintiffs claims
regarding denial of due process, the grievance procedures, and denial of medical
care are DISMISSED. Defendants K. Cozby, Billie Reich, and Jane Does are
DISMISSED.
Dated this i I

~ay of February, 20

Dana L. Christensen, Chief Judge
United States District Court

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