Scott v. Cunningham

Filing 180

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 109 Objections to Report and Recommendation filed by Richard Roy Scott. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICHARD ROY SCOTT,
Plaintiff,

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v.

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CASE NO. C11-5509BHS

KELLY CUNNINGHAM,

ORDER ADOPTING REPORT
AND RECOMMENDATION

Defendant.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 97) and
Plaintiff Richard Roy Scott’s (“Scott”) objections to the R&R (Dkt. 109).
On December 12, 2011, Judge Strombom issued the R&R recommending that the

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Court deny five of Scott’s motions for temporary restraining orders and refer one other

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motion for a temporary restraining order back to Judge Strombom for further briefing and

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consideration. Dkt. 97. This procedural recommendation was based on the fact that Scott

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is subject to certain case management orders due to abusive litigation tactics in prior suits.

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Id.

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On December 21, 2012, Scott filed objections to the R&R. Dkt. 109. Scott,

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however, fails to correct the deficiencies that Judge Strombom found in Scott’s requests

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for temporary restraining orders. For example, Scott has failed to show that he will

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succeed on the merits of his claims or that there is a likelihood of irreparable injury absent

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ORDER - 1

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relief. Moreover, Scott has failed to confine his requests for relief to the causes of action

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set forth in his complaint.

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Therefore, the Court having considered the R&R, Scott’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)

No further action need be taken on Dkts. 51, 54, 60, 84 and 91; and

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(3)

Scott’s motion (Dkt. 61) shall be re-referred to Judge Strombom, noted for

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hearing, and Defendant is directed to file a response.
DATED this 10th day of February, 2012.

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A

BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2