Bowman v. Hayes et al

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATION; plaintiff's motion for summary judgment 32 is denied; case is re-referred to Magistrate Judge Brian Tsuchida by Judge Ricardo S Martinez. (RS) cc plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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5 EARL IRA BOWMAN,
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Plaintiff,

ORDER DENYING PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT

v.

8 W. HAYES, et al.,
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Case No. C16-381 RSM-BAT

Defendants.

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The Court has reviewed the Report and Recommendation of the Honorable Brian A.
Tsuchida, United States Magistrate Judge, Plaintiff’s Objections, and the remaining record. The
Court finds that Plaintiff’s Objections attempt to improperly introduce new evidence after
Plaintiff’s Motion for Summary Judgment was fully briefed and noted for consideration. See
Dkt. #42. Further, Plaintiff’s Objections fail to demonstrate factual or legal error in the R&R.
Accordingly, the Court finds and ORDERS as follows:
1. The Report and Recommendation is ADOPTED;
2. Plaintiff’s motion for summary judgment (Dkt. 32) is DENIED; and
3. This case is re-referred to the Honorable Brian A. Tsuchida for further proceedings and
the Clerk shall send a copy of this Order to the parties.
DATED this 27 day of December 2016.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT - 1