Sitton v. Skagit County Jail et al

Filing 85

ORDER by Judge Richard A Jones. The Court adopts the 80 Report and Recommendation. Defendants' motion for summary judgment (Dkt. 28 ) is GRANTED. Plaintiff's amended complaint (Dkt. 13 ) is DISMISSED without prejudice as to plaintiff 's first cause of action. Plaintiff's motion for summary judgment (Dkt. 64 ) and defendants' request for sanctions (Dkt. 69 ) are DENIED. The Clerk is directed to terminate the remaining motions as MOOT (Dkt. ## 73 , [74\), and to terminate the case. (CL) (cc pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DANIEL RAY SITTON,
Plaintiff,

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Case No. C13-820-RAJ

Defendants.

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ORDER GRANTING DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT AND DISMISSING
ACTION

v.
SUE BAERG, et al.,

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The Court, having reviewed plaintiff’s amended complaint, defendant Dumas’s motion

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for summary judgment, the Report and Recommendation of the Honorable Brian A. Tsuchida,

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United States Magistrate Judge, and the remaining record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation.

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(2)

Defendants’ motion for summary judgment (Dkt. 28) is GRANTED.

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(3)

Plaintiff’s amended complaint (Dkt. 13) is DISMISSED without prejudice as to

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plaintiff’s first cause of action, to the extent plaintiff alleges that defendant Baerg failed to

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ORDER GRANTING DEFENDANT
DUMAS’S MOTION FOR SUMMARY
JUDGMENT - 1

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provide him adequate medical care for his hepatitis C, and also as to plaintiff’s second, third,

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fourth, fifth, sixth, seventh, eighth, and ninth causes of action, because plaintiff failed to properly

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exhaust his institutional remedies with respect to those claims. Plaintiff’s amended complaint is

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DISMISSED with prejudice as to the portion of plaintiff’s first cause of action alleging that

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defendant Baerg refused to follow a court order regarding a blood draw and as to plaintiff’s tenth

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cause of action.

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(4)

Plaintiff’s motion for summary judgment (Dkt. 64) and defendants’ request for

sanctions (Dkt. 69) are DENIED.
(5)

The Clerk is directed to terminate the remaining motions as MOOT (Dkt. ## 73,

74), and to terminate the case.
(6)

The Clerk is directed to send copies of this Order to plaintiff, to counsel for

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defendants, and to the Honorable Brian A. Tsuchida.

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DATED this 3rd day of January, 2014.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER GRANTING DEFENDANT
DUMAS’S MOTION FOR SUMMARY
JUDGMENT - 2