Wells v. Demars et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 43 Objections to Report and Recommendation filed by Rayne Dee Wells, Jr. (TG; cc mailed to plaintiff)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 RAYNE DEE WELLS, JR., 8 9 10 Plaintiff, CASE NO. C11-5759 BHS-JRC ORDER ADOPTING REPORT AND RECOMMENDATION v. STEVEN DEMARS, et al., 11 Defendants. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 41), and 15 Plaintiff Rayne Dee Wells Jr.’s (“Wells”) objections to the R&R (Dkt. 43). 16 On October 22, 2012, Judge Creatura issued the R&R recommending that the 17 Court deny Wells’s motion for summary judgment because Wells had failed to show that 18 there are no questions of fact for trial. Dkt. 41 at 6. On October 31, 2012, Wells filed 19 objections arguing that his conditions of confinement were harsher than the conditions 20 addressed in the applicable case law. Dkt. 43. 21 Whether conditions of confinement impose an “atypical and significant hardship” 22 is a case-by-case, fact intensive determination. Ramirez v. Galaza, 334 F.3d 850, 860 ORDER - 1 1 (9th Cir. 2003). In this case, Wells has failed to show that no questions of fact exist 2 regarding the conditions of his dry-cell confinement despite Wells’s allegations of the 3 harshness of the confinement. Therefore, the Court having considered the R&R, Wells’s 4 objections, and the remaining record, does hereby find and order as follows: 5 (1) The R&R is ADOPTED; and 6 (2) Wells’s motion for summary judgment is DENIED. 7 Dated this 6th day of December, 2012. 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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