Heggem v. Holmes et al

Filing 86

ORDER ADOPTING REPORT AND RECOMMENDATION; dft Andrea Holmes's motion to dismiss is denied; dft Marie Cross's motion to dismiss is granted; pltf's motion for summary judgment is denied; pltf granted leave to file an amended complaint within 30 days and dft Andrea Holmes to file an answer within 30 days; pltf's motion for appt of counsel is denied by Judge Ricardo S Martinez. (RS)cc Heggem

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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08 LARRY GENE HEGGEM,
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Plaintiff,
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v.
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ANDREA HOLMES, et al.,
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Defendants.
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____________________________________ )

CASE NO. C10-1997-RSM

ORDER

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The Court, having reviewed the pending motions, the papers filed in support of and in

15 opposition to the motions, the Report and Recommendation of United States Magistrate Judge
16 Mary Alice Theiler, the governing law, and the balance of the record, does hereby find and
17 ORDER:
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(1)

The Report and Recommendation is ADOPTED;

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(2)

Defendant Andrea Holmes’s motion to dismiss (Dkt. 23) is DENIED;

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(3)

Defendant Marie Cross’s motion to dismiss (Dkt. 24) is GRANTED and all

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claims against Ms. Cross are DISMISSED with prejudice;
(4)

ORDER
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Plaintiff’s motion for summary judgment (Dkt. 58) is DENIED;

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(5)

Plaintiff is GRANTED leave to file an amended complaint within thirty (30)

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days of the date of this order, and defendant Andrea Holmes is DIRECTED to

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file an Answer within thirty (30) days of the filing of the amended complaint;

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(6)

The parties are invited to file dispositive motions any time after defendant
Andrea Holmes has filed her Answer;

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(7)

Plaintiff’s motion for appointment of counsel (Dkt. # 72) is DENIED;

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(8)

This matter remains referred to the undersigned magistrate judge for all pretrial
proceedings; and

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(9)

The Clerk of Court is directed to send copies of this Order to plaintiff and to
Magistrate Judge Mary Alice Theiler.

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DATED this 20th day of April 2012.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER
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