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Giroux v. Clair Last Name Unknown

United States District Court, D. North Dakota, Southeastern Division

November 13, 2014

Ellric Alfred Giroux, II, Plaintiff,
v.
Clair Last Name Unknown, Doris Last Name Unknown, Dr. Randi Swingen, and Cass County, ND, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATUON

RALPH R. ERICKSON, Chief District Judge.

The undersigned received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636, recommending Defendant Randi Swingen's motion to dismiss be granted and plaintiff's amended complaint as to Swingen be dismissed without prejudice.[1] Plaintiff Ellric Alfred Giroux, II submitted objections to the Report and Recommendation, asserting there is no immunity for deliberate indifference to serious medical needs.[2]

The undersigned has reviewed the Report and Recommendation, Giroux's objections[3], and the entire file, and finds that the magistrate judge's analysis is correct. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Swingen's motion to dismiss is GRANTED.[4] The Amended Complaint is dismissed without prejudice as to Swingen.

Any appeal would be frivolous, could not be taken in good faith, and may not be taken in forma pauperis.

IT IS SO ORDERED.

LET JUDGMENT BE ENTERED ...


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