Brennan v. Estrada

Filing 27

ORDER adopting the 26 Report and Recommendation; granting Defendant's 12 Motion to Dismiss; dismissing Plaintiff's complaint and this action with prejudice pursuant to Fed. R. Civ. P. 12(b)(6), for failure of plaintiff to state any cla im upon which relief may be granted; denying Plaintiff's motion for appointment of counsel (Dkt. 15 ), his request forpreliminary injunctive relief (Dkts. 16 , [17)], and his motion for sanctions (Dkt. 18 ). Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RONALD JOHN BRENNAN, JR.,
Plaintiff,

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Case No. C18-417-RSM

v.
ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS

DEPUTY ESTRADA,
Defendant.

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The Court, having reviewed plaintiff’s complaint, defendant’s motion to dismiss this

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action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the Report and

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Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, any

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

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(1)

The Report and Recommendation is approved and adopted.

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(2)

Defendant’s motion to dismiss (Dkt. 12) is GRANTED. Plaintiff’s complaint

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(Dkt. 5) and this action are DISMISSED with prejudice, pursuant to Fed. R. Civ. P. 12(b)(6), for

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failure of plaintiff to state any claim upon which relief may be granted.

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ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS - 1

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(3)

Plaintiff’s motion for appointment of counsel (Dkt. 15), his request for

preliminary injunctive relief (Dkts. 16, 17), and his motion for sanctions (Dkt. 18) are DENIED.
(4)

The Clerk is directed to send copies of this Order to plaintiff, to counsel for

defendant, and to the Honorable James P. Donohue.
DATED this 12th day of September 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS - 2