Drummond v. Medical Department, MSP et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal would not be taken in good faith. Signed by Judge Brian Morris on 12/24/2018. Mailed to Drummond (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
MICHAEL SHANNON
DRUMMOND,

CV-17-113-H-BMM-JTJ

Plaintiff,
v.
MEDICAL DEPARTMENT, MSP and
DR. PAUL REES,

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Defendants.

United States Magistrate Judge Johnston entered Findings and
Recommendations on December 7, 2018. (Doc. 10). Judge Johnston determined
that Mr. Drummond’s allegations are insufficient to state a claim and are subject to
dismissal. Id. Mr. Drummond was given an opportunity to file an amended
complaint. Id. Judge Johnston determined, however, that the Amended Complaint
contains the same allegations as the original Complaint and therefore fails to state a
claim. Id.
No party filed objections to Judge Johnston’s Findings and
Recommendations. The Court has reviewed the 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.
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ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 10) are ADOPTED IN FULL.
IT IS ORDERED that Mr. Drummond’s claims are DISMISSED.
The Clerk of the Court is directed to close this matter and enter judgment in
favor of the Defendant pursuant to Rule 58 of the Federal Rules of Civil Procedure.
The Clerk of the Court is further 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 is not to be taken in good faith. No
reasonable person could suppose an appeal would have merit. The record makes
plain the instant Complaint lacks arguable substance in law or fact.
The Clerk of the 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.
Drummond failed to state a claim.
DATED this 24th day of December, 2018.

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