IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION JOSEPH DENNY NEZPERCE, V, Cause No. CV 22-18-H-SEH Plaintiffs, VS. ORDER STATE OF MONTANA; TODD BOESE; PAUL REES; A.P.R.N. STEPHANIE CATRON, Defendants.

Plaintiff Joseph Denny Nezperce V (“Nezperce’”) filed this action on March 3, 2022. He was advised of defects in the pleading.' An Amended Complaint was filed.” Nezperce asserts he has not received adequate medical care for a shoulder injury, that three medical providers reached a consensus on his treatment, but that

one provider recommended a “different level of care.”?

4 at 1-2; Erickson v. Pardus,

(2007) (per curiam); Akhtar v. Mesa,

(9th Cir. 2012). 2 Doc. 6. 3 Doc. 6 at 5.

Treatment regimens including range-of-motion exercises, pain management via NSAIDs, and evaluation for chronic shoulder complaints have been recommended.’ Diagnostic x-rays were conducted. Providers have not recommended surgery. Lack of due care, or unreasonable conduct by a provider is not alleged. The case lacks merit. An appeal is unwarranted.® ORDERED: Ia The Amended Complaint is DISMISSED without leave to amend. 2. The Clerk of Court shall enter, by separate document, a judgment of dismissal with prejudice. a The Court CERTIFIES that any appeal of this disposition would not be taken in good faith. st : DATED this 2’ day of March, 2022.

SAM E. HADDON United States District Judge

“Doc. 6-1 at 14, 16. > Ashcroft v. Iqbal,

(2009); Gordon v. County of Orange,

(9th Cir. 2018); Castro v. County of Los Angeles,

(9th Cir. 2016) (en banc). © Fed. R. App. P. 24(a)(3)(A), (4)(B).