Brennan v. Aston et al

Filing 234

ORDER ADOPTING 232 Report and Recommendation. Deputy Hatchell's motion for summary judgment (Dkt. No. 192 ) is GRANTED and the only claim against him in this lawsuit is DISMISSED with prejudice. Deputy Machyo and Deputy Chavez's motion for summary judgment (Dkt. No. 193 ) is GRANTED in part and DENIED in part. Signed by U.S. District Judge John C Coughenour. **2 PAGE(S), PRINT ALL**(Ronald Brennan, Prisoner ID: 720430)(TH)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 RONALD BRENNAN, JR., 10 11 12 Plaintiff, CASE NO. C17-1928-JCC ORDER v. ANTHONY ASTON et al., 13 Defendants. 14 15 This matter comes before the Court on the report and recommendation of the Honorable 16 Michelle L. Peterson, United States Magistrate Judge (Dkt. No. 232). Plaintiff has not filed 17 objections to the report and recommendation. Having thoroughly considered the report and 18 recommendation and the relevant record, the Court finds oral argument unnecessary and hereby 19 ORDERS that: 20 1. The report and recommendation (Dkt. No. 232) is ADOPTED. 21 2. Deputy Hatchell’s motion for summary judgment (Dkt. No. 192) is GRANTED 22 23 and the only claim against him in this lawsuit is DISMISSED with prejudice. 3. Deputy Machyo and Deputy Chavez’s motion for summary judgment (Dkt. No. 24 193) is GRANTED in part and DENIED in part. The motion is GRANTED as follows: (a) 25 Plaintiff’s First Amendment retaliation claim against Deputy Machyo is DISMISSED with 26 prejudice; (b) Plaintiff’s Fourteenth Amendment failure to protect claim against Deputy Chavez ORDER C17-1928-JCC PAGE - 1 1 is DISMISSED with prejudice; and (c) Plaintiff’s claim for compensatory damages against 2 Deputy Machyo is DISMISSED with prejudice. The motion is DENIED as to Plaintiff’s 3 Fourteenth Amendment failure to protect claim against Deputy Machyo. 4 4. 5 Peterson. 6 The Clerk is DIRECTED to send copies of this order to the parties and to Judge DATED this 16th day of October 2019. A 7 8 9 John C. Coughenour UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C17-1928-JCC PAGE - 2

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