Helm v. Hughes et al

Filing 25

ORDER adopting Report and Recommendation. The Court ADOPTS the Report and Recommendation (Dkt. 24). Defendants' Motion to Dismiss (Dkt. 15 ) is GRANTED to the extent that the Complaint alleges Plaintiff's due process rights were violated during the disciplinary hearing, and DENIED in all other respects. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff . Modified on 2/16/2010 (JL).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 to Dismiss with the standard used prior to the Supreme Court's holding in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Reviewed under the standard announced in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007), the Complaint contains "sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009)(citing Twombly, at 570). Accordingly the Report and Recommendation (Dkt. 24) should be adopted. The Court does hereby find and ORDER: 1) The Court ADOPTS the Report and Recommendation (Dkt. 24). UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA GEORGE-JASON A. HELM, No. C09-5381 RJB/KLS Plaintiff, v. MICHAEL HUGHES, et al., Defendants. This matter comes before the Court on the Report and Recommendation of Magistrate Judge Karen L. Strombom. Dkt. 24. The Court has reviewed the Report and Recommendation, objections to the Report and Recommendation, if any, and the remaining record. The Report and Recommendation analyzed the Defendants' Fed. R. Civ. P. 12 (c) Motion ORDER ADOPTING REPORT AND RECOMMENDATION

ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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2)

Defendants' Motion to Dismiss (Dkt. 15) is GRANTED to the extent that the Complaint alleges Plaintiff's due process rights were violated during the disciplinary hearing, and DENIED in all other respects. The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendant and to the Hon. Karen L. Strombom.

3)

DATED this 16th day of February, 2010.

A
ROBERT J. BRYAN United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION - 2