Anderson v. The United States of America

Filing 28

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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CHESTER ANDERSON,

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Plaintiff,
C16-586 TSZ

v.
THE UNITED STATES OF
AMERICA, et al.,

MINUTE ORDER

Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
Defendant’s motion, docket no. 24, is GRANTED; Plaintiff’s Eighth
Amendment/Bivens Claim (Second Cause of Action) is DISMISSED with prejudice
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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
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does not dispute that the Complaint was filed after the statute of limitations had already
lapsed on that claim.
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(2)
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.
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(3)
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.
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Dated this 8th day of March, 2017.
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William M. McCool
Clerk
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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 1