Barstad v. Department of Corrections et al

Filing 51

ORDER ADOPTING REPORT AND RECOMMENDATION; pltf's construed motion for summ jgm 25 is denied; dfts' motion for summ jgm 32 is denied in part and granted in part by Judge Robert S. Lasnik. (RS)cc pltf

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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09 JAMES BARSTAD,
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Plaintiff,
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v.
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DEPARTMENT OF CORRECTIONS, et al., )
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Defendants.
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____________________________________ )

CASE NO. C14-0523RSL-MAT

ORDER REGARDING SUMMARY
JUDGMENT MOTIONS

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The Court, having reviewed plaintiff’s construed motion for summary judgment (Dkt.

16 # 25-2), defendants’ motion for summary judgment (Dkt. # 32), the Report and
17 Recommendation of the Honorable Mary Alice Theiler (Dkt. #40), and the parties’ objections
18 and replies thereto (including Dkt. # 50), does hereby find and ORDER:
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(1)

The Court adopts the Report and Recommendation;

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(2)

Plaintiff’s construed motion for summary judgment (Dkt. # 25-1) is DENIED;

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(3)

Defendants’ motion for summary judgment (Dkt. # 32) is DENIED as to

22 plaintiff’s claim that his First Amendment right to free speech was violated when his outgoing

ORDER
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01 mail was restricted in June 2013, but is GRANTED as to all of plaintiff’s other claims; and
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(4)

New events and issues not raised in the complaint and for which administrative

03 remedies have not been exhausted have not been considered.
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Dated this 23rd day of April, 2015.

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A
Robert S. Lasnik

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United States District Judge
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ORDER
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