United States District Court, D. Montana, Great Falls Division
May 22, 2015
KELLY WICKHAM, Plaintiff,
COMMUNITY CORRECTION AND COUNSELING SERVICES, MICHAEL THATCHER, MEDICAL PROVIDER No. 1 (name unknown), and MEDICAL PROVIDER No. 2 (name unknown), Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF MAGISTRATE JUDGE
BRIAN MORRIS, District Judge.
Plaintiff Kelly Wickham filed a complaint pursuant to 18 U.S.C. § 1983 alleging that the defendants Community Correction and Counseling Services, Michael Thatcher, Medical Provider No.1, and Medical Provider No. 2 denied Wickham medical treatment for his Multiple Sclerosis ("MS") condition while he was in custody. (Doc. 2). Wickham is a prisoner proceeding in forma pauperis. (Doc. 5).
United States Magistrate Judge Jeremiah Lynch entered Findings and Recommendations on May 5, 2015. (Doc. 5). The Court need not review de novo the proposed Findings and Recommendations in the absence of objections by either party. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will review Judge Lynch's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no clear error, and adopts Judge Lynch's Findings and Recommendations in full.
Wickham was transferred to the START facility, a Community Corrections and Counseling Services subsidiary, in July of 2011. (Doc. 5 at 3). Wickham alleges that START officials refused him treatment for his MS condition. Id . Wickham was moved in November of 2011 to TSTC Bootcamp where his MS was treated with Copaxone. Id . After completing TSTC Bootcamp, Wickham was transferred to Connections Corrections in February of 2012 where Medical Provider No. 1 discontinued the Copaxone. Id . at 4. Wickham was relocated in April of 2012 to Butte Prerelease, a community Corrections and Counseling Services subsidiary. Id .
The applicable statute of limitations for 42 U.S.C. § 1983 claims is the state statute of limitations that governs personal injury actions. Wilson v. Garcia, 471 U.S. 261 (1985). The Montana personal injury statute restricts this period to three years after the action accrues. MONT. CODE ANN. § 27-2-204(1). Wickham filed his complaint on April 20, 2015. (Doc. 5 at 6). All claims arising prior to April 20, 2012, at the START Facility in Anaconda, Montana, and against the defendant Medical Provider No. 1 are barred.
IT IS HEREBY ORDERED that plaintiff Kelly Wickham's claims arising before April 20, 2012, and all claims against the defendant Medical Provider No. 1 are DISMISSED WITH PREJUDICE. Judge Lynch's Findings and Recommendations (Doc. 5) are ADOPTED IN FULL.