McNearney v. Washington Department of Corrections et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 47 Granting Defendants' Motion for Modification of Court's Injunction Order 44 , signed by Judge Ronald B. Leighton. (DN)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JILL McNEARNEY,
No. C11-5930 RBL/KLS

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Plaintiff,
v.
WASHINGTON DEPARTMENT OF
CORRECTIONS and DR. STEVEN
HAMMOND,

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ORDER ADOPTING REPORT AND
RECOMMENDATION

Defendants.
The Court, having reviewed the Report and Recommendation of Magistrate Judge Karen

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L. Strombom, objections to the Report and Recommendation, if any, and the remaining record,
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does hereby find and ORDER:
(1)

The Court adopts the Report and Recommendation and GRANTS Defendants’

Motion for Modification of Court’s Injunction Order. ECF No. 44.
(2)

The Court modifies the Injunction Order (ECF No. 27) on page 28 (adopted by

Order at ECF No. 36), as follows:
5)
If the Defendants do not oppose the treatment recommendation by
the foot and ankle specialist at the Foot and Ankle Institute at Harborview
Medical Center, the Defendants shall authorize, perform, and/or facilitate the
recommended treatment should Ms. McNearney elect to have the recommended
surgical procedure while she is in the custody of the Department of Corrections.
6)
This order will automatically terminate upon the release of the
Plaintiff from the Department of Corrections’ custody.

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ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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(3)

The Clerk is directed to send copies of this Order to Plaintiff, counsel for

Defendants and to the Hon. Karen L. Strombom.

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DATED this 31st day of January, 2013.

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A
Ronald B. Leighton
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION - 2