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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION KERRY REX MIESSNER, Plaintiff, vs. JAY GRANT, NICOLE BUGNI, ROCKO MULCAHY, MEDICAL STAFF, et al., Defendants. On November 24, 2009, this Court issued an Order finding that Plaintiff Kerry Rex Miessner's Complaint failed to state a claim against the named Defendants. See Court's Doc. 4. Miessner was allowed an opportunity to file an amended complaint on or before December 28, 2009. (Court Doc. 4, pp. 17-18). Miessner did not respond and therefore his Complaint should be dismissed for failure to state a claim. Miessner's federal claims arise under the Eighth Amendment of the United States Constitution for denial of dental care. In the Court's prior Order it determined Miessner had seemingly alleged a claim for FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TO DISMISS COMPLAINT-CV-09-00082-BU-RFC-CSO / PAGE 1 FINDINGS AND RECOMMENDATION OF UNITED STATES JUDGE TO DISMISS COMPLAINT Cause No. CV 09-00082-BU-RFC-CSO

denial of medical treatment but he did not sufficiently alleged what each Defendant did wrong. Accordingly, Miessner failed to state a claim against the individual Defendants. As it may have been possible to cure these defects with the allegation of additional facts, Miessner was given an opportunity to file an amended complaint. Meissner was advised that if he failed to amend his complaint, the Court may dismiss this action. Miessner also was advised that his failure to correct these deficiencies could result in a dismissal which could count as a "strike" under the "3-strikes" provision of 28 U.S.C.

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