Brennan v. Aston et al

Filing 287

ORDER ADOPTING 286 Report and Recommendation. Defendant Kimberly Parker's motion for summary judgment (Dkt. No. 236 ) is GRANTED. Plaintiff's claims against Ms. Parker regarding religion are DISMISSED without prejudice for failure to exhaust, and his First Amendment claim against her is DISMISSED with prejudice. Defendants Captain Daniel Stites, Lieutenant Brett Sundstrom, Lieutenant Clinton Moll, Sergeant Robert Ogawa, Sergeant Scott Lewis, and Sergeant Bernard Moody's mot ion for summary judgment regarding Plaintiff's Fourteenth Amendment conditions of confinement claims against them (Dkt. No. 244 ) is GRANTED. These claims are DISMISSED without prejudice for failure to exhaust. This order disposes of all the cl aims against Ms. Parker, Captain Stites, Lieutenant Sundstrom, Sergeant Ogawa, Sergeant Lewis, and Sergeant Moody, and these Defendants are DISMISSED from the lawsuit. Plaintiff's remaining claim against Lieutenant Moll will be addressed in a subsequent order. Signed by U.S. District Judge John C Coughenour. **2 PAGE(S), PRINT ALL**(Ronald Brennan, Prisoner ID: 720430)(TH)

Case 2:17-cv-01928-JCC-MLP Document 287 Filed 05/15/20 Page 1 of 2

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. 286). 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. 286) is APPROVED and ADOPTED;

21

2.

Defendant Kimberly Parker’s motion for summary judgment (Dkt. No. 236) is

22

GRANTED. Plaintiff’s claims against Ms. Parker regarding religion are DISMISSED without

23

prejudice for failure to exhaust, and his First Amendment claim against her is DISMISSED with

24

prejudice.

25

3.

26

Defendants Captain Daniel Stites, Lieutenant Brett Sundstrom, Lieutenant Clinton

Moll, Sergeant Robert Ogawa, Sergeant Scott Lewis, and Sergeant Bernard Moody’s motion for
ORDER
C17-1928-JCC
PAGE - 1

Case 2:17-cv-01928-JCC-MLP Document 287 Filed 05/15/20 Page 2 of 2

1

summary judgment regarding Plaintiff’s Fourteenth Amendment conditions of confinement

2

claims against them (Dkt. No. 244) is GRANTED. These claims are DISMISSED without

3

prejudice for failure to exhaust.

4

4.

This order disposes of all the claims against Ms. Parker, Captain Stites,

5

Lieutenant Sundstrom, Sergeant Ogawa, Sergeant Lewis, and Sergeant Moody, and these

6

Defendants are DISMISSED from the lawsuit. Plaintiff’s remaining claim against Lieutenant

7

Moll will be addressed in a subsequent order.

8

5.

9

Peterson.

10

The Clerk is DIRECTED to send copies of this order to the parties and to Judge

DATED this 15th day of May 2020.

A

11
12
13

John C. Coughenour
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER
C17-1928-JCC
PAGE - 2