Meador v. Netolicky

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 by Chief Judge Ralph R. Erickson. The Complaint is dismissed with prejudice. (SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
David Meador,
Plaintiff,
-vsNorth Dakota Department of Corrections
and Monica Moore,
Defendant.

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Case No. 3:10-cv-100

ORDER ADOPTING REPORT AND
RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K.
Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that Plaintiff
David Meador’s Complaint be dismissed with prejudice (Doc. #17). Meador has filed an
objection to the magistrate judge’s Report and Recommendation (Doc. #18). Meador, without
any further explanation, asserts he has been “prejudiced and denied due process of the Fifth
Amendment to the United States Constitution” and that he “has suffered a deliberate indifference
in medical treatment and such a question is for a jury at trial.” Id.
After considering the magistrate judge’s Report and Recommendation, conducting a de
novo review of Meador’s conclusory objections, and reviewing the entire file, the Court finds the
magistrate judge’s analysis is correct. The Court, therefore, adopts the Report and
Recommendation in its entirety. For the reasons set forth therein, Meador’s Complaint is
DISMISSED with prejudice for failure to state a claim upon which relief may be granted.
CERTIFICATE OF APPEALABILITY
The Court certifies that an appeal from the dismissal of this action may not be taken in
forma pauperis because such an appeal would be frivolous and cannot be taken in good faith.

See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Furthermore, based upon the
entire record before the Court, dismissal of the motion is not debatable, reasonably subject to a
different outcome on appeal, or otherwise deserving of further proceedings. Therefore, a
certificate of appealability will not be issued by this Court. See Tiedemann v. Benson, 122 F.3d
518, 252 (8th Cir. 1997). If Meador desires further review of his petition, he may request the
issuance of a certificate of appealability by a circuit judge of the Eighth Circuit Court of Appeals
in accordance with Tiedemna v. Benson, 122 F.3d 518, 250-252 (8th Cir. 1997).
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 21st day of September, 2011.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

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