Bowman v. State of Washington et al

Filing 26

ORDER adopting Report and Recommendations Granting in part and Denying in part Defendant's Motion to Dismiss by Judge Franklin D. Burgess.(SPH)

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 (3) Eighth Amendment claims should be denied. Neither party has filed objections to the Report and Recommendation. The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, and the remaining record, does hereby find and ORDER: (1) (2) The Court adopts the Report and Recommendation; The claim relating to the Fourteenth Amendment and Due Process is DISMISSED WITH PREJUDICE. The Motion to Dismiss the Eighth Amendment claim is DENIED. The Clerk is directed to send copies of this Order to Plaintiff, and to the Hon. J. Richard Creatura. In this prisoner civil right action, the Magistrate Judge recommends that the Defendant's Motion to Dismiss be granted in part and denied in part. Claims relating to the Fourteenth Amendment and Due Process should be dismissed with prejudice. The Motion to Dismiss the v. STATE OF WASHINGTON, et al., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA RICHARD MARSHALL BOWMAN, Plaintiff, No. 09-5510 FDB

ORDER ADOPTING REPORT AND RECOMMENDATION- 1

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(4)

The remaining claim is re-referred to the Magistrate Judge for further proceedings.

DATED this 16th day of February, 2010.

A

FRANKLIN D. BURGESS UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION- 2