Smith v. Sgt. Koboshigowa et al

Filing 16

ORDER denying motion to dismiss and granting leave to amend. The 15 Report and Recommendation is ADOPTED. Plaintiff shall file an amended complaint within 20 days of the date of this order, by Judge Marsha J. Pechman. (TM) cc: Petitioner

1
2
3
4

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

5
6 REIKO R SMITH,

Plaintiff,

7
8

v.

9 SGT. KOBOSHIGOWA, et al.

ORDER DENYING MOTION TO
DISMISS AND GRANTING LEAVE
TO AMEND

Defendants.

10
11

Case No. C14-1929 MJP

The Court, having reviewed Plaintiff’s 42 U.S.C. § 1983 complaint, Defendants’ motion

12 to dismiss, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States
13 Magistrate Judge, any objections or responses to that, and the remaining record, finds and
14 Orders as follows:
15

1.

The Report and Recommendation is ADOPTED;

16

2.

Defendants’ Motion to Dismiss (Dkt. 14) is DENIED;

17

3.

Plaintiff shall file an amended complaint stating additional facts relating to his

18 Eighth Amendment medical claim within twenty (20) days of the date of this Order.
19
20
21
22
23

4.

The Clerk shall send a copy of this Order to Plaintiff and counsel for Defendants.

DATED this 4th day of May, 2015.

A
Marsha J. Pechman
United States District Judge

ORDER DENYING MOTION TO DISMISS AND GRANTING LEAVE
TO AMEND - 1