Allen v. Miller et al

Filing 10

ORDER signed by U.S. District Judge John C Coughenour. The Report and Recommendation is APPROVED and ADOPTED. Plaintiff's amended complaint and this action are DISMISSED without prejudice as to Defendants Pete Maxson, Louise Stemler, Scott Hau kins, Correctional Officer Wray and Sherry Pendergrass. Judge Theiler is INSTRUCTED to issue a service order directing service of plaintiff's amended complaint on defendant Mark Miller. **2 PAGE(S), PRINT ALL**(Joseph Allen, Prisoner ID: 904219)(ST)

THE HONORABLE JOHN C. COUGHENOUR

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

JOSEPH M. ALLEN,

10

Plaintiff,

11

ORDER

v.

12

CASE NO. C17-1625-JCC

MARK MILLER, et al.,

13

Defendants.

14
15

This matter comes before the Court on Plaintiff’s amended complaint (Dkt. No. 7) and

16

the Report and Recommendation (Dkt. No. 8) of the Honorable Mary Alice Theiler, United

17

States Magistrate Judge, for which no objections have been filed. Having thoroughly considered

18

the relevant record, the Court ORDERS as follows:

19

(1)

The Report and Recommendation (Dkt. No. 9) is APPROVED and ADOPTED;

20

(2)

Plaintiff’s amended complaint (Dkt. No. 7) and this action are DISMISSED,

21

without prejudice, as to Defendants Pete Maxson, Louise Stemler, Scott Haukins, Correctional

22

Officer Wray, and Sherry Pendergrass for failure to adequately allege a claim upon which relief

23

may be granted in this civil rights action. See 28 U.S.C. § 1915(e)(2)(B)(ii);

24
25

(3)

Judge Theiler is INSTRUCTED to issue a service order directing service of

Plaintiff’s amended complaint on defendant Mark Miller; and

26
ORDER
C17-1625-JCC
PAGE - 1

1
2
3

(4)

The Clerk is DIRECTED to send copies of this Order to Plaintiff and to the

Honorable Mary Alice Theiler.
DATED this 7th day of February 2018.

A

4
5
6

John C. Coughenour
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER
C17-1625-JCC
PAGE - 2