Field v. Snohomish County Corrections Center et al

Filing 36

ORDER - The Report and Recommendation, docket no. 33, is ADOPTED. Defendants' motion for summary judgment, docket no. 13, is GRANTED in part and DENIED in part. Plaintiff's complaint, docket no. 4, and this action are DISMISSED without prej udice for failure to exhaust administrative remedies before filing suit. The Court DECLINES to enter judgment against plaintiff or in favor of defendants, and DENIES defendants' request to treat this matter as a strike against plaintiff pursuant to 28 U.S.C. § 1915(g). The Clerk is DIRECTED to CLOSE this case and to send copies of this Order to plaintiff pro se, to all counsel of record, and to the Honorable Mary Alice Theiler. DATED this 22nd day of June, 2015 by Judge Thomas S. Zilly. (PM)(cc: plaintiff)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8

GREGORY DENNIS FIELD,
9
Plaintiff,

C14-1347 TSZ

10
v.
ORDER

11
12

DAVID OSTER and GEORGE SHEDRICK,
JR. (misidentified as TONY CEDRIC),
Defendants.

13
14
15
16
17
18
19
20
21
22
23
24
25
26

THIS MATTER comes before the Court on a Report and Recommendation (“R&R”),
docket no. 33, by the Honorable Mary Alice Theiler, United States Magistrate Judge. A service
copy of the R&R was mailed to plaintiff at Monroe Correctional Complex (“MCC”). It was not
returned, but the Clerk received back a different document, which had been mailed earlier to
plaintiff at MCC, indicating that plaintiff had been transferred to Bishop Lewis Work Release in
Seattle (“BLWR”). A second service copy of the R&R, mailed to plaintiff at BLWR, has not
been returned. The Court is therefore satisfied that plaintiff received the R&R and the Court’s
Minute Order entered April 16, 2015, docket no. 35, setting a deadline of June 5, 2015, for
plaintiff to file any objection to the R&R. No objection to the R&R was timely filed.

ORDER - 1

1

Having reviewed the R&R, the Court does hereby ORDER:

2

(1)

The Report and Recommendation, docket no. 33, is ADOPTED.

3

(2)

Defendants’ motion for summary judgment, docket no. 13, is GRANTED in part

4
5

and DENIED in part.
(3)

Plaintiff’s complaint, docket no. 4, and this action are DISMISSED without

6

prejudice for failure to exhaust administrative remedies before filing suit. The Court DECLINES

7

to enter judgment against plaintiff or in favor of defendants, and DENIES defendants’ request to

8

treat this matter as a “strike” against plaintiff pursuant to 28 U.S.C. § 1915(g).

9
10
11

(4)

The Clerk is DIRECTED to CLOSE this case and to send copies of this Order to

plaintiff pro se, to all counsel of record, and to the Honorable Mary Alice Theiler.
DATED this 22nd day of June, 2015.

12

14

A

15

Thomas S. Zilly
United States District Judge

13

16
17
18
19
20
21
22
23
24
25
26

ORDER - 2