Malik v. Pacholke et al

Filing 75

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 72 Objections to Report and Recommendation filed by David Washington Riggins. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID W. RIGGINS a/k/a DAWUD
HALISI MALIK,

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Plaintiff,

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v.

Case No. C10-5147BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

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DAN PACHOLKE, 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

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the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 71) and Plaintiff’s

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objections to the R&R (Dkt. 72).

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On May 23, 2011, Judge Strombom issued the R&R finding that Plaintiff had failed

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to show that he suffered the deprivation of a constitutional right and recommending that

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Defendants’ motion for summary judgment be granted. Dkt. 71. On June 3, 2011, Plaintiff

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filed objections. Dkt. 72. On June 14, 2011, Defendants responded. Dkt. 73. On June 21,

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2011, Plaintiff filed another response. Dkt. 74.

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Although Plaintiff objects to the R&R, he fails to show that he suffered the

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deprivation of a constitutional right. The Court recognizes that Plaintiff was successful in

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overturning and eventually seeking dismissal of the alleged prison infraction against him.

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Plaintiff, however, fails to show that the increased level of confinement that he was

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subjected to during that process violated any protected constitutional right. The objections,

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therefore, are without merit.

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ORDER – 1

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The Court having considered the R&R, Plaintiff’s objections, and the remaining
record, does hereby find and order as follows:

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(1)

The R&R is ADOPTED;

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(2)

Defendants’ motion for summary judgment is GRANTED; and

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(3)

This action is DISMISSED with prejudice.

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DATED this 5th day of July, 2011.

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BENJAMIN H. SETTLE
United States District Judge

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A

ORDER – 2