Sapp v. T-Mobile USA

Filing 24

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATIONS AND ORDER TO SERVE re 23 Objections to Report and Recommendation filed by Shamont L. Sapp by Judge Richard A Jones. the Court DECLINES to adopt the Report and Recommendation. Dkt. # 22. The clerk of the Court is directed to issue and serve all process necessary under the Federal Rules of Civil Procedure to notify T-Mobile USA of the instant action. (cc: Plaintiff. Defendant served via Certified mail a copy of the Complaint and Order directing service.)(SG)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SHAMONT L. SAPP,
Plaintiff,

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v.

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Defendant.

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This matter comes before the Court on the Report and Recommendation of United
States Magistrate Judge Mary Alice Theiler recommending that pro se Plaintiff Shamont
L. Sapp’s complaint be dismissed without prejudice. Dkt. # 22. For the reasons that
follow, the Court DECLINES to adopt the Report and Recommendation.

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ORDER

T-MOBILE USA,

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Case No. 17-571-RAJ

Sapp alleges that Defendant T-Mobile USA charged him for cell phone services
that he was not contractually obligated to pay. He alleges that these charges eventually
diminished his credit rating and caused him to sustain other damages. Sapp applied for
and was granted permission to proceed in forma pauperis under 28 U.S.C. § 1915. Dkt. #
20.

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Sapp, who is currently incarcerated, framed these allegations as a civil rights

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complaint by a prisoner. Dkt. # 21. In Judge Theiler’s Report and Recommendation, she

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recommends that the Court dismiss the complaint because T-Mobile USA is a private

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entity that cannot be held liable under 42 U.S.C. § 1983. Dkt. # 22 at 2. In doing so, she

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also recommends that Sapp be afforded the opportunity to include an amended complaint

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ORDER – 1

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as part of his objections to the Report and Recommendation. Id.
In accordance with Judge Theiler’s recommendation, Sapp has since amended his
complaint by replacing his § 1983 claim with a claim for violations of the Consumer
Protection Act, RCW 19.86.010, et seq, breach of contract, and several other claims
arising from T-Mobile USA’s allegedly misleading and unlawful conduct. Dkt. # 23.
That complaint is now the operative complaint before the Court.
For the reasons stated above, the Court DECLINES to adopt the Report and
Recommendation. Dkt. # 22. The clerk of the Court is directed to issue and serve all
process necessary under the Federal Rules of Civil Procedure to notify T-Mobile USA of
the instant action.

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DATED this 11th day of July, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER – 2