Anderson v. The United States of America
MINUTE ORDER granting Defendant's 24 Motion to Dismiss. Plaintiff's Eighth Amendment/Bivens Claim (Second Cause of Action) is DISMISSED with prejudice. Parties to file a joint status report within 14 days. Clerk is directed to terminate Unknown Correctional Officers and Bureau of Prisons Supervisory Employees as defendants. Authorized by Judge Thomas S. Zilly. (PM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
THE UNITED STATES OF
AMERICA, et al.,
The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
Defendant’s motion, docket no. 24, is GRANTED; Plaintiff’s Eighth
Amendment/Bivens Claim (Second Cause of Action) is DISMISSED with prejudice
because it is barred by Washington’s three-year statute of limitations, RCW 4.16.080(2).
Plaintiff asserts in his response that his Bivens claim should “relate back”; however, he
does not dispute that the Complaint was filed after the statute of limitations had already
lapsed on that claim.
The Court approves the joint stipulation of the parties, docket no. 27, and
16 directs the parties to file, within 14 days, a joint status report proposing a continuance of
the case scheduling deadlines, including the trial date, if necessary.
The Clerk is directed to terminate Unknown Correctional Officers and
18 Bureau of Prisons Supervisory Employees as defendants, and to send a copy of this
Minute Order to all counsel of record.
Dated this 8th day of March, 2017.
William M. McCool
MINUTE ORDER - 1
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