Rowe v. Trenary et al

Filing 16

ORDER DISMISSING DEFENDANTS FROM CIVIL RIGHTS ACTION by Judge Richard A Jones. The Report and Recommendation is approved. Plaintiff's amended complaint (Dkt# 11) and this action are DISMISSED without prejudice as to defendants Ty Trenary, J. Tayler, John Doe Correctional Officerse, John Doe Medical Administrator and the John Doe Bothell Police Department for failure of plaintiff to adequately allege any claim upon which relief may be granted in this civil rights action. Plaintiff's amended complaint is DISMISSED with prejudice as to defendants Sonya Kraski and John Doe Clerk's Office Employee as those defendants are immune from liability in this civil rights action. Judge Theiler shall issue a service order directing service of plaintiff's amended complaint on defendant Bothell Police Officer Briels. (cc: plaintiff)(ST)

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

MICHAEL C. ROWE,
Plaintiff,

9
10
11

Case No. C17-0805-RAJ

v.
SHERIFF TY TRENARY, et al.,

ORDER DISMISSING DEFENDANTS
FROM CIVIL RIGHTS ACTION

Defendants.

12
13
14

The Court, having reviewed plaintiff’s amended complaint, the Report and

15

Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, any

16

objections thereto, and the remaining record, hereby finds and ORDERS as follows:

17

(1)

The Report and Recommendation is approved and adopted;

18

(2)

Plaintiff’s amended complaint (Dkt. 11) and this action are DISMISSED, without

19

prejudice, as to defendants Ty Trenary, J. Tayler, John Doe Correctional Officers, John Doe

20

Medical Administrator, and the John Doe Bothell Police Department employee, for failure of

21

plaintiff to adequately allege any claim upon which relief may be granted in this civil rights action.

22

See 28 U.S.C. § 1915(e)(2)(B)(ii);

23

(3)

Plaintiff’s amended complaint is dismissed with prejudice as to defendants Sonya

ORDER DISMISSING DEFENDANTS
FROM CIVIL RIGHTS ACTION - 1

1

Kraski and the John Doe Clerk’s Office employee as those defendants are immune from liability

2

in this civil rights action. See 28 U.S.C. § 1915(e)(2)(B)(iii);

3
4
5
6
7

(4)

Judge Theiler shall issue a service order directing service of plaintiff’s amended

complaint on defendant Bothell Police Officer Briels; and
(5)

The Clerk is directed to send copies of this Order to plaintiff and to the Honorable

Mary Alice Theiler.
DATED this 20th day of September, 2017.

8
9

A

10
11

The Honorable Richard A. Jones
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
ORDER DISMISSING DEFENDANTS
FROM CIVIL RIGHTS ACTION - 2