Davenport v. Cunningham et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 53 Objections to Report and Recommendation filed by William Davenport. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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WILLIAM DAVENPORT,

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Plaintiff,
v.

Case No. C10-5583BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

KELLY CUNNINGHAM, 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. 52) and Plaintiff

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William Davenport’s (“Davenport”) response to the R&R.

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On July 8, 2011, Defendants Kelly Cunningham, Cathy Harris, Henry Richards,

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Willie Stodard, and Darold Weeks filed a motion for summary judgment. Dkt. 39. On

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October 24, 2011, Judge Strombom issued the R&R recommending that the Court grant the

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motion for summary judgment, dismiss Davenport’s remaining federal claims for lack of

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jurisdiction, and dismiss Davenport’s remaining state claims without prejudice. Dkt. 52. On

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November 14, 2011, Davenport responded. Dkt. 53.

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The district judge must determine de novo any part of the magistrate judge’s

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disposition that has been properly objected to. Fed. R. Civ. P. 72(b)(3). Davenport’s

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response is a statement of his displeasure with his conditions of confinement and his

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conclusion that he does not have fair access to the courts. See Dkt. 53. Davenport fails to

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specifically object to any portion of the R&R.

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ORDER – 1

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Therefore, having considered the R&R and the remaining record, the Court does
hereby find and order as follows:

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(1)

The R&R is ADOPTED;

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(2)

The motion for summary judgment is GRANTED because Davenport has
failed to meet his burden to establish a question of material fact;

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(3)

Davenport’s federal claims are DISMISSED;

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(4)

Davenport’s state law claims are DISMISSED without prejudice; and

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(5)

This action is DISMISSED.

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DATED this 20th day of December, 2011.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER – 2