McAdams v. Penrose et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION; DISMISSING IN PART AND REMANDING ACTION TO FRANKLIN COUNTY SUPERIOR COURT; ADOPTED in its entirety ECF No. 28 Report and Recommendations, GRANTED in part and DENIED in part ECF No. 16 Motion to Dismiss , filed by Jane Snyder, Michael True, Andrew Remington, Michael Reznicek. Federal claims asserted in ECF No. 15 First Amended Complaint are DISMISSED without prejudice and without leave to amend. Signed by Judge Stanley A Bastian. (TR, Case Administrator) **3 PAGE(S), PRINT ALL** (Grant McAdams, Prisoner ID: 303490)

1

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

2

Jan 09, 2018

3

SEAN F. MCAVOY, CLERK

4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8
9 GRANT THOMAS MCADAMS,
10

Plaintiff,

11

v.

No. 4:16-cv-05133-SAB

ORDER ADOPTING REPORT

12 ANDREW REMINGTON, MICHAEL

AND RECOMMENDATION;

13 TRUE, JANE SNYDER, MICHAEL J.

DISMISSING IN PART AND

14 REZNICEK, JOHN and JANE DOE(S)

REMANDING ACTION TO

15 and RICHARD and RACHEL ROE(S),

FRANKLIN COUNTY

16

Defendants.

SUPERIOR COURT

17
18

On November 14, 2017, Magistrate Judge Mary K. Dimke filed a Report and

19 Recommendation to Dismiss Plaintiff’s First Amended Complaint. ECF No. 28.
20

Plaintiff, a Washington state prisoner, currently confined at the Coyote

21 Ridge Corrections Center in Connell, Washington, is proceeding pro se and in
22 forma pauperis. Plaintiff filed suit in Franklin County Superior Court and
23 Defendants removed the case. Defendants then moved to dismiss the Complaint
24 with prejudice. Magistrate Judge Dimke reviewed Plaintiff’s First Amended
25 Complaint and recommended that the federal claims be dismissed and the
26 remaining state law claims be remanded to Franklin County Superior Court. ECF
27 No. 28.
28
ORDER ADOPTING REPORT AND RECOMMENDATION; DISMISSING
IN PART AND REMANDING ACTION TO FRANKLIN COUNTY
SUPERIOR COURT ~ 1

1

Plaintiff filed timely objections to Magistrate Judge Dimke’s Report and

2 Recommendation. ECF No. 30. The Court has reviewed the objections and
3 concludes that the Report and Recommendation should be adopted in its entirety.
4 Plaintiff’s claims against Snyder and Dr. Reznicek fall outside the statute of
5 limitation. Moreover, Plaintiff’s disagreement with his medical classification does
6 not state a constitutional claim. Plaintiff has not alleged facts that rise to the level
7 of an Eighth Amendment violation.
8

Plaintiff’s claims regarding the handling of the papers he received from the

9 Washington Court of Appeals do not state valid constitutional claims; rather, these
10 allegations at best present a claim for negligence, which is not actionable under 42
11 U.S.C. § 1983. He has not alleged facts to support a First Amendment retaliation
12 claim and any claim regarding the destruction of his personal property can be
13 addressed through state law claims.
14

Accordingly, IT IS HEREBY ORDERED:

15

1. The Court ADOPTS Magistrate Judge Dimke’s Report and

16 Recommendation, ECF No. 28, in its entirety.
17

2. Defendants’ Motion to Dismiss, ECF No. 16, is GRANTED, in part,

18 and DENIED, in part.
19

3. Plaintiff’s federal claims asserted in the First Amended Compliant, ECF

20 No. 15, against the unidentified Doe and Roe Defendants are DISMISSED
21 without prejudice and without leave to amend.
22

4. Plaintiff’s federal claims asserted in the First Amended Complaint, ECF

23 No. 15, against the Defendants Remington, True, Reznicek, and Snyder are
24 DISMISSED with prejudice and without leave to amend.
25 //
26 //
27 //
28 //
ORDER ADOPTING REPORT AND RECOMMENDATION; DISMISSING
IN PART AND REMANDING ACTION TO FRANKLIN COUNTY
SUPERIOR COURT ~ 2

1

4. The Court declines to exercise supplemental jurisdiction over the

2 remaining state law claims and REMANDS this action to Franklin County
3 Superior Court.
4

IT IS SO ORDERED. The Clerk of Court is directed to enter this Order

5 and forward copies to pro se Plaintiff and counsel.
6

DATED this 9th day of January 2018.

7
8
9
10
11
12
13

Stanley A. Bastian

United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER ADOPTING REPORT AND RECOMMENDATION; DISMISSING
IN PART AND REMANDING ACTION TO FRANKLIN COUNTY
SUPERIOR COURT ~ 3