Demos v. Strange et al

Filing 6

ORDER ADOPTING #5 REPORT AND RECOMMENDATION. Demos's complaint is DISMISSED without prejudice and without leave to amend. His motions, Dkts #3 and #4 , are DENIED as moot. Signed by Judge Benjamin H. Settle. **2 PAGE(S), PRINT ALL**(John Demos, Prisoner ID: 287455)(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOHN ROBERT DEMOS, JR.,
v.

Plaintiff,

CASE NO. 24-1878 BHS
ORDER

CHERYL STRANGE, et al.,

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Defendants.

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THIS MATTER is before the Court on Magistrate Judge Grady J. Leupold’s

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Report and Recommendation (R&R), Dkt. 5, recommending the Court dismiss without

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prejudice and without leave to amend pro se prisoner plaintiff John Demos’s proposed

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complaint, Dkt. 1, and deny Demos’s motions to “set the record straight,” Dkt. 3, and to

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supplement the pleadings and for the appointment of counsel, Dkt. 4.

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A district court “shall make a de novo determination of those portions of the report

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or specified proposed finding or recommendations to which objection is made.” 28

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U.S.C. § 636(b)(1)(C) (emphasis added); accord Fed. R. Civ. P. 72(b)(3). It must modify

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or set aside any portion of the order that is clearly erroneous or contrary to law. Fed. R.

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Civ. P. 72(a). The district judge may accept, reject, or modify the recommended

ORDER - 1

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disposition; receive further evidence; or return the matter to the magistrate judge with

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instructions. Fed. R. Civ. P. 72(b)(3).

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The Court must review the Magistrate Judge’s findings and recommendations de

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novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003) (citing § 636(b)(1)(C)). A proper objection requires “specific

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written objections to the proposed findings and recommendations.” Fed. R. Civ. P.

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72(b)(2).

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Demos has not objected to the R&R, and its recommended dismissal is neither

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clearly erroneous nor contrary to law. The R&R is therefore ADOPTED. Demos’s

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complaint is DISMISSED without prejudice and without leave to amend. His motions,

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Dkts 3 and 4, are DENIED as moot.

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The Clerk shall enter a JUDGMENT and close the case.

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IT IS SO ORDERED.

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Dated this 7th day of January, 2025.

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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2