Davis et al v. Hayes et al

Filing 127

ORDER OF DISMISSAL adopting the 118 Report and Recommendation and granting Defendants' 81 Motion for summary judgment; this case is dismissed without prejudice. Signed by Judge Ricardo S Martinez. **2 PAGE(S), PRINT ALL**(Keith Davis, Prisoner ID: 936379)(PM)

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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9 KEITH ADAIR DAVIS,
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Plaintiff,

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ORDER OF DISMISSAL

v.
WILLIAM HAYES, et al.,
Defendants.

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CASE NO. C16-1709 RSM

The Court has reviewed Plaintiff’s Amended Complaint, the Motion for Summary Judgment
of Defendants Gorman, McKindrey, Bliss, and Elerick, the Report and Recommendation (“R&R”)
of the Honorable Brian A. Tsuchida, United States Magistrate Judge, the Objections and Response
filed by the parties, and the remaining record. After this review, the Court concludes that Mr. Davis
did not file a timely substantive response to Defendants’ Motion for Summary Judgment despite
multiple extensions of the deadline. Even if the Court considered the untimely Response, nothing
contained therein would cause the Court to deviate from Judge’s Tsuchida’s conclusion that Mr.
Davis failed to exhaust his administrative remedies and that the correct outcome of this case is
dismissal without prejudice. Accordingly, the Court does hereby find and ORDER:

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ORDER OF DISMISSAL - 1

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(1) The Court adopts the Report and Recommendation (Dkt. #118).

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(2) Defendants’ motion for summary judgment (Dkt. #81) is GRANTED; this case is

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dismissed without prejudice.
(3) The Clerk is directed to send copies of this Order to Plaintiff and to Judge Tsuchida.

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Dated this 12th day of April 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL - 1