Quigg v. Rees, CV-18-86-BMM-JTJ. (2019)
Court: District Court, D. Montana
Number: infdco20191119a90
Visitors: 3
Filed: Nov. 18, 2019
Latest Update: Nov. 18, 2019
Summary: ORDER BRIAN MORRIS , District Judge . United States Magistrate Judge John Johnston entered Findings and Recommendations recommending that Quigg's Motion to Amend/Supplement Complaint be denied. (Doc. 32). Neither party filed objections. The Court reviews for clear error any portion to which no party specifically objected. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 , 1313 (9th Cir. 1981). Quiggs filed a complaint alleging the defendant denied him adequate medica
Summary: ORDER BRIAN MORRIS , District Judge . United States Magistrate Judge John Johnston entered Findings and Recommendations recommending that Quigg's Motion to Amend/Supplement Complaint be denied. (Doc. 32). Neither party filed objections. The Court reviews for clear error any portion to which no party specifically objected. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 , 1313 (9th Cir. 1981). Quiggs filed a complaint alleging the defendant denied him adequate medical..
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ORDER
BRIAN MORRIS, District Judge.
United States Magistrate Judge John Johnston entered Findings and Recommendations recommending that Quigg's Motion to Amend/Supplement Complaint be denied. (Doc. 32). Neither party filed objections. The Court reviews for clear error any portion to which no party specifically objected. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Quiggs filed a complaint alleging the defendant denied him adequate medical care in violation of the Eighth Amendment. (Doc. 2). Quiggs now seeks to amend his complaint to bring a defamation claim against defense counsel for a statement made in Defendant's Initial Disclosure Statement. Judge Johnston concluded that Quigg was seeking to improperly join an unrelated claim.
The Court finds no clear error in Judge Johnston's Findings and Recommendations. Quigg's underlying claim regarding his medical care and his defamation claim are against a different defendant and do not arise out of the same transaction, nor do they contain a question of law or fact common to all defendants. Fed. R. Civ. P. 20(a)(2).
IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 32) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Quigg's Motion to Amend/Supplement Complaint (Doc. 30) is DENIED.
Source: Leagle
