Eckard v. Langdon et al

Filing 68

ORDER ADOPTING 59 REPORT AND RECOMMENDATION. Plaintiff's objections (Dkt. No. 64 ) are OVERRULED. Defendants' motion for summary judgment (Dkt. No. 24 ) is GRANTED and Plaintiff's amended civil rights complaint (Dkt. No. 18 ) a nd this action are DISMISSED with prejudice. The Clerk is DIRECTED to send copies of this Order to Plaintiff, to counsel for defendants, and to Judge Theiler. Signed by U.S. District Judge John C. Coughenour. **2 PAGE(S), PRINT ALL** (Gabriel Eckard, Prisoner ID: 843345) (SR)

Case 2:19-cv-00579-JCC Document 68 Filed 08/19/21 Page 1 of 2

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GABRIEL ECKARD,

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CASE NO. C19-0579-JCC
Plaintiff,

ORDER

v.
ALTA LANGDON, et al.,

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Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”) of the

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Honorable Mary Alice Theiler, United States Magistrate Judge (Dkt. No. 59). In the R&R, Judge

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Theiler recommends granting Defendants’ motion for summary judgment (Dkt. No. 24). In an

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order (Dkt. No. 58) entered on the same date as the R&R, Judge Theiler denied Plaintiff’s

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request for another extension of time to oppose the motion for summary judgment. Plaintiff filed

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untimely objections to the R&R and to the order denying his request for another extension of

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time. (Dkt. No. 64.) Defendants argue the objections are untimely and improper. (Dkt. No. 65.)

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Having thoroughly considered the parties’ briefing and the relevant record, the Court finds that

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Plaintiff’s objections are untimely and not properly before the Court. Nevertheless, the Court has

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reviewed Plaintiff’s objections de novo and finds that Judge Theiler properly denied Plaintiff’s

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request for additional time and properly concluded that Defendants are entitled to summary

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judgment.
ORDER
C19-0579-JCC
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Case 2:19-cv-00579-JCC Document 68 Filed 08/19/21 Page 2 of 2

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Accordingly, the Court ORDERS:

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1. Plaintiff’s objections (Dkt. No. 64) are OVERRULED.

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2. The R&R (Dkt. No. 59) is APPROVED and ADOPTED.

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3. Defendants’ motion for summary judgment (Dkt. No. 24) is GRANTED and Plaintiff’s

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amended civil rights complaint (Dkt. No. 18) and this action are DISMISSED with

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prejudice.

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4. The Clerk is DIRECTED to send copies of this Order to Plaintiff, to counsel for

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defendants, and to Judge Theiler.

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DATED this 19th day of August 2021.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C19-0579-JCC
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