Gould v. State of North Dakota et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATION; denying 42 Motion for Preliminary Injunction; adopting 55 Report and Recommendation by Judge Daniel L. Hovland.(MM) Distributed on 1/7/2015. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Isaac T.L. Gould, Sr.,

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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 4:14-cv-018
Williams County, Sheriff Scott Bushing,
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and Lieutenant Royce Crone,
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Defendants.
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______________________________________________________________________________
The Plaintiff, Isaac T.L. Gould, Sr., is a pretrial detainee at the Williams County Correction
Center (“WCCC”) in Williston, North Dakota. He initiated this civil rights action for deliberate
indifference to his serious medical needs in February 2014. See Docket No. 6. An amended
complaint and motion for preliminary injunction, and leave to join an additional defendant, were
filed on October 2, 2014. See Docket Nos. 41 and 42. The motion was referred to Magistrate Judge
Charles S. Miller, Jr. for a Report and Recommendation. The Defendants filed a response to the
motion on October 20, 2014.

See Docket No. 52.

Judge Miller issued his Report and

Recommendation in which he recommended denying the motion on December 9, 2014. See Docket
No. 55. The parties were given fourteen (14) days to file any objections to the Report and
Recommendation. No objections were filed by any of the parties.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. The record does not
support the issuance of a preliminary injunction requiring the Defendants to provide Gould with the
surgery he is seeking, or the joining of any additional defendants as part of a conspiracy claim.

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Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 55) in its
entirety. The Plaintiff’s motion for preliminary injunction and leave to join an additional defendant
(Docket No. 42) is DENIED.
IT IS SO ORDERED.
Dated this 7th day of January, 2015.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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