Davis et al v. Hayes et al

Filing 30

ORDER adopting Report and Recommendations re 26 Report and Recommendations by Judge Ricardo S Martinez. All claims set forth in plaintiff's amended complaint (Dkt. #20) is dismissed except as to plaintiff's claims that defendant(s) Gorm an, McKindrey, Bliss and Elerick used excessive force against plaintiff. Amended complaint (Dkt. #20) shall be served on defendant(s) Gorman, McKindrey, Bliss and Elerick only and those defendants shall be required to file an answer only as to the excessive force claims. Matter is re-referred to Judge Tsuchida. (cc: plaintiff)(ST)

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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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CASE NO. C16-1709 RSM-BAT
Plaintiff,

v.

ORDER ADOPTING SECOND REPORT
AND RECOMMENDATION RE: MOTION
TO AMEND

WILLIAM HAYES, et al.,
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Defendants.
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The Court, having reviewed Plaintiff’s motion to amend (Dkt. #20), the Second Report and
Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the
remaining record, does hereby find and ORDER:
(1) The Court adopts the Second Report and Recommendation (Dkt. #26).
(2) All claims set forth in Plaintiff’s “Amended Complaint” (Dkt. #20) shall be DISMISSED
except as to plaintiff’s claims that Defendants Gorman, McKindrey, Bliss, and Elerick
used excessive force against plaintiff in August and September 2014 and in August 2016.

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ORDER ADOPTING SECOND REPORT AND
RECOMMENDATION RE: MOTION TO AMEND - 1

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(3) The Amended Complaint (Dkt. #20) shall be served on Defendants Gorman, McKindrey,

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Bliss, and Elerick only and these defendants shall be required to file an answer only as to

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the excessive force claims.

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(4) This matter is re-referred to Judge Tsuchida.

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(5) The Clerk is directed to send copies of this Order to Plaintiff and to Judge Tsuchida.

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Dated this 14th day of April 2017.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER ADOPTING SECOND REPORT AND
RECOMMENDATION RE: MOTION TO AMEND - 1