Leaming v. Simmons et al

Filing 24

ORDER adopting Report and Recommendations re 22 Report and Recommendations signed by Judge John C Coughenour re 22 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Kenneth Wayne Leaming. The Court ADOPTS the Report and Recommendation (Dkt. No. 22); This action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to adequately state a claim for relief. Copy of Order mailed to Plaintiff. (LMK)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 KENNETH WAYNE LEAMING, 10 Plaintiff, 11 12 CASE NO. C13-0759-JCC ORDER v. J. SIMMONS, 13 Defendant. 14 15 This matter comes before the Court on Report and Recommendation from the Honorable 16 Magistrate Judge James P. Donohue (Dkt. No. 22), and Plaintiff’s Order to Show Cause (Dkt. 17 No. ). Having thoroughly considered the parties’ briefing and the relevant record, the Court finds 18 oral argument unnecessary and hereby ADOPTS the Report and Recommendation. 19 Plaintiff initiated this action on April 10, 2013. (Dkt. No. 1.) On November 6, 2013, he 20 was given an opportunity to file an amended complaint to correct certain specified deficiencies in 21 the Complaint. (Dkt. No. 21.) He filed no amended complaint. The Report and Recommendation 22 therefore recommends dismissing the cause of action pursuant to § 1915(e)(2)(B). (Dkt. No. 22.) 23 Plaintiff did not file objections to the Report and Recommendation, but did file a 24 document titled “Notice of Order to Show Cause.” (Dkt. No. 23.) This submission alludes to a 25 range of subjects, including the Magna Carta and the Constitution, “a deprivation of the due 26 process right to establish a complete record,” and the duty of the Ninth Circuit to investigate ORDER PAGE - 1 1 subjects including “surety(s), bond(s), assets, and underwriting (most likely by Fidelity Mutual 2 Insurance).” (Dkt. No. 23.) Even construed liberally, this submission suggests no basis for not 3 adopting the Report and Recommendation. 4 Accordingly, the Court ORDERS: 5 (1) The Court ADOPTS the Report and Recommendation (Dkt. No. 22); 6 (2) This action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) 7 8 for failure to adequately state a claim for relief; (3) The Clerk is respectfully directed to send copies of this Order to the parties and to the 9 10 Honorable James P. Donohue. DATED this 11th day of March. 11 12 13 A 14 15 16 John C. Coughenour UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 ORDER PAGE - 2

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