Brown v. Warner et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION. 15 Defendants' Motion to Dismiss is granted in part and denied in part. 17 Report and Recommendation is adopted. Signed by Chief Judge Rosanna Malouf Peterson. (KW, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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GREGORY TYREE BROWN,
Plaintiff,

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No. 2:13-CV-00130-JTR
ORDER ADOPTING REPORT AND
RECOMMENDATION

vs.

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BERNARD WARNER, et al.,

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Defendants.

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BEFORE THE COURT is Magistrate Judge Rodgers’ April 10, 2014,

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Report and Recommendation to grant, in part, Defendant’s motion to dismiss.

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ECF No. 17. Plaintiff appears pro se. Defendants are represented by Brian James

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Considine. There being no objections to the Report and Recommendation, the

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Court adopts the Report and Recommendation in its entirety.

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Accordingly, IT IS HEREBY ORDERED:
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The Court ADOPTS Magistrate Judge Rodgers’ Report and

Recommendation, ECF No. 17.
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Defendants’ motion to dismiss, ECF No. 14, is GRANTED IN

PART and DENIED IN PART.
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This case shall proceed on Plaintiff’s claim against Defendants

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Westfall, Shodahl and Cluever for failure to protect in violation of the Eighth

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Amendment (claim one) and Plaintiff’s claims against Defendants Shodahl and
ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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Cluever for use of excessive force in violation of the Eighth Amendment (claims

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four and five).

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4.

A telephonic scheduling conference will be set before Judge Rodgers

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with respect to the remaining parties and claims. The parties will receive a notice

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setting the telephonic scheduling conference following the entry of this order.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order

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and provide a copy to Plaintiff, counsel for Defendants and Magistrate Judge

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Rodgers.

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DATED this 29th day of April 2014.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION - 2