Phillips v. Schweitzer et al
| Danny Phillips |
| Brian Schweitzer, Montana Department of Corrections, Mike Ferriter, Ted Ward, Myrna Ohmolt-Mason, Laura Janes, Sherri Townsend, Norma Jean Boles, Liz Rantz, Montana State Prison, Mike Mahoney and Kohut |
| 6:2009cv00016 |
| March 19, 2009 |
| US District Court for the District of Montana |
| Prisoner: Civil Rights Office |
| POWELL |
| Donald W. Molloy |
| Keith Strong |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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| Document Text |
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Filing
9
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Plaintiff's claim brought pursuant to 42 U.S.C. Section 1983 is DISMISSED WITH PREJUDICE. The Court declines to exercise supplemental jurisdiction over the state law claims and they are DI SMISSED WITHOUT PREJUDICE. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). The Court certifies that any appeal of this decision would not be taken in good faith. Signed by Judge Donald W. Molloy on 5/20/2009. Copy mailed to Phillips. (TAG, )
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Filing
4
ORDER AND FINDINGS AND RECOMMENDATIONS re 1 MOTION for Leave to Proceed in forma pauperis, 2 Complaint IFP/Prisoner filed by Danny Phillips. Plaintiff's motion to proceed in forma pauperis is GRANTED. Plaintiff's Complaint should be DIS MISSED WITH PREJUDICE. The Court should decline to exercise supplemental jurisdiction and DISMISS WITHOUT PREJUDICE Plaintiffs state law claims. Objections to F&R due by 5/1/2009. Signed by Magistrate Keith Strong on 4/14/2009. Copy mailed to Phillips. (TAG, )
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