Florer v. Schrum et al

Filing 111

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 109 Report and Recommendations. (TG; cc mailed to plaintiff)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 DENNIS FLORER, Plaintiff, 7 CASE NO. C11-5135 BHS ORDER ADOPTING REPORT AND RECOMMENDATION v. 8 DEVON SCHRUM, et al., 9 Defendants. 10 11 12 13 14 15 16 This matter comes before the Court on the Report and Recommendation (“R&R”) of the Honorable Karen L. Strombom, United States Magistrate Judge. Dkt. 109. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows: (1) The R&R is ADOPTED; (2) Defendants’ motion for summary judgment (Dkt. 102) is GRANTED and 17 Plaintiff’s claims are DISMISSED WITH PREJUDICE except Plaintiff’s 18 claims related to: (1) December 16, 2009 transfer and denial of custody 19 promotion; (2) June 26, 2010 and July 3, 2010 infractions; (3) June 17, 20 2010 placement and retention in segregation; (4) November 29, 2010 21 placement and retention in segregation; and (5) March 2, 2011 transfer back 22 ORDER -- 1 1 to WSP., which are DISMISSED WITHOUT PREJUDICE for failure to 2 exhaust administrative remedies; 3 (3) In forma pauperis status is revoked for purposes of appeal; and 4 (4) The clerk shall enter judgment for Defendants against Plaintiff and close 5 this case. 6 Dated this 9th day April, 2013. 7 A 8 9 BENJAMIN H. SETTLE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER -- 2

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