Chaten v. Vail et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATION re 41 Objections to Report and Recommendation filed by Mike Hines, Ryan T Denzer, George Gilbert, Daniel Fitzpatrick, MIchael A Flemming, Ron Van Boening. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ WSP address . Modified on 11/15/2010 (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 2) UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ADRIAN LEWIS CHATEN, No. C09-5615 RJB/KLS Plaintiff, v. RON VAN BOENING, DANIEL FITZPATRICK, MIKE HINES, MICHAEL A. FLEMMING, RYAN T. DENZER, and GEORGE GILBERT, Defendants. The Court, having reviewed the Report and Recommendation of Magistrate Judge Karen L. Strombom (Dkt. 40), plaintiff's motion to deny defendants' motion to dismiss (Dkt. 42), defendants' objections to the Report and Recommendation (Dkt. 41), plaintiff's response to defendants' objections (Dkt. 44) and the remaining record, does hereby find and ORDER: 1) Defendants object to the Report and Recommendation, insofar as the magistrate judge recommends that plaintiff's due process claims be permitted to proceed. Dkt. 41). This Report and Recommendation relates to a motion to dismiss. Defendants maintain that plaintiff has no due process interest in his placement in administrative segregation or in a classification decision to place plaintiff on a "program." It is unclear whether the decision to place plaintiff on a "program" is the result of a disciplinary decision or is a classification decision. It is unclear from the complaint what a "program" is. It is unclear whether plaintiff's placement in administrative segregation constituted an atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life. Sandin v. Conner, 515 U.S. 472, 483-487 (1995). There are too many questions to warrant dismissal at the complaint stage. The Court adopts the Report and Recommendation (Dkt. 40). Defendants' Motion to Dismiss (Dkt. 37) is GRANTED in part as to Plaintiff's equal protection claim and the claims against Defendants Fitzpatrick and Van ORDER ADOPTING REPORT AND RECOMMENDATION

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Boening, and these claims are DISMISSED. Defendants' Motion to Dismiss (Dkt. 37) is DENIED as to plaintiff's due process claims, and these claims may proceed. The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendant and to the Hon. Karen L. Strombom.

DATED this 15th day of November, 2010.

A
ROBERT J. BRYAN United States District Judge

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