Palamaryuk v. Kelly et al

Filing 30

ORDER ADOPTING 27 REPORT AND RECOMMENDATION; granting in part and denying in part defendants' 21 Motion to Dismiss. This matter is RE-REFERRED to Hon. James P. Donohue for further proceedings. Signed by Judge Marsha J. Pechman. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAVID PALAMARYUK, by and through
his parent and next friend, AVRAM
PALAMARYUK,
Plaintiff,

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v.

Case No. C17-441-MJP-JPD
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION TO DISMISS

ELAINE DUKE, et al.,
Defendants.

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Having reviewed the Report and Recommendation of the Honorable James P. Donohue,

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Chief United States Magistrate Judge, any objections or responses to that, and the remaining

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record, the Court finds and ORDERS:

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(1)

The Court ADOPTS the Report and Recommendation.

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(2)

Defendants’ motion to dismiss, Dkt. 21, is GRANTED in part and DENIED in

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part. Plaintiff’s Administrative Procedures Act claim is DISMISSED with prejudice. Plaintiff

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may proceed with his Rehabilitation Act and Due Process claims.

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(3)

This matter is RE-REFERRED to Judge Donohue for further proceedings.

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ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION TO DISMISS - 1

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(4)

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Donohue.

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The Clerk is directed to send copies of this Order to the parties and to Judge

Dated this 12th day of March, 2018.

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A

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Marsha J. Pechman
United States District Judge

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ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION TO DISMISS - 2