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Wickham v. Community Correction and Counseling Services

United States District Court, D. Montana, Butte Division

May 5, 2015

KELLY WICKHAM, Plaintiff,
v.
COMMUNITY CORRECTION AND COUNSELING SERVICES, MICHAEL THATCHER, MEDICAL PROVIDER No. 1 (name unknown), and MEDICAL PROVIDER No. 2 (name unknown), Defendants.

ORDER AND FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

JEREMIAH C. LYNCH, Magistrate Judge.

Plaintiff Kelly Wickham has filed a Motion to Proceed in Forma Pauperis (Doc. 1) and a proposed Complaint filed pursuant to 42 U.S.C. § 1983 alleging Defendants denied Wickham medical treatment for his Multiple Sclerosis while he was in their custody. (Doc. 2.) The request to proceed in forma pauperis will be granted. All claims arising prior to April 15, 2012 are barred by the applicable statute of limitations and should be dismissed. Defendants will be required to respond to Wickham's claims regarding the alleged failure to provide him medical treatment while he was incarcerated at the Butte Prerelease Center from April, 2012 through September 2012.

I. Motion to Proceed in Forma Pauperis

Wickham has filed a Motion to Proceed in Forma Pauperis and submitted an account statement sufficient to make the showing required by 28 U.S.C. §1915(a). (Doc. 1.) The request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a).

Pursuant to 28 U.S.C. § 1915(b)(1), Wickham must pay the statutory $350.00 filing fee. Wickham has insufficient funds to pay an initial partial filing fee but will be required to make monthly payments of 20 percent of the preceding month's income credited to his institutional account. The percentage is set by statute and cannot be altered. See 28 U.S.C. § 1915(b)(2). By separate order, the agency having custody of Wickham will be directed to forward payments from Wickham's account to the Clerk of Court each time the amount in the account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2)

II. Statement of the Case

A. Jurisdiction

The Court has personal jurisdiction over the parties, all of whom are found in Montana. Fed.R.Civ.P. 4(k)(1)(A); Mont. R. Civ. P. 4(b). Read liberally, the Complaint attempts to allege a violation under 42 U.S.C. § 1983, invoking subject matter jurisdiction. 28 U.S.C. § 1331, 28 U.S.C. § 1343(a).

B. Parties

Wickham is a state prisoner currently incarcerated at the Montana State Prison in Deer Lodge, Montana. He is proceeding in forma pauperis and without counsel.

Wickham names the following Defendants: Community Corrections and Counseling Services; Michael Thatcher, Director of Community Corrections and Counseling Services; and two unnamed medical providers. (Complaint, Doc. 2 at 1-2.)

C. Factual Allegations

Wickham was diagnosed with Multiple Sclerosis ("MS") in 2009. In May, 2011, an MRI was performed while Wickham was in the custody of the Lewis and Clark County Jail in Helena, Montana. Dr. Christopher Christie and Dr. Carlos Sullivan confirmed the MS diagnosis and prescribed Copaxone to treat Wickham's condition. In July, 2011, Wickham was transferred to the START Facility (a Community Corrections and Counseling Services subsidary) in Anaconda, Montana. Wickham informed officials at START that he had MS but alleges they refused him treatment for that condition.

In November 2011, Wickham was transferred to the TSTC (Bootcamp) where he was treated for MS with Copaxone. He completed bootcamp in February 2012 and was transferred to Connections Corrections where Medical Provider No. 1 discontinued the Copaxone. In April 2012, Wickham was transferred to Butte Prerelease (a Community Corrections and Counseling Services subsidary). He was incarcerated there from April 2012 through September 2012 and while there, Medical Provider No. 2 refused to treat Wickham's MS. In September 2012, Wickham ...


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