Holtz v. Karr

Filing 104

ORDER ADOPTING REPORT AND RECOMMENDATION re 103 Objections to Report and Recommendation filed by Ronald Holtz.This matter is RE-REFERRED to Magistrate Judge Karen L. Strombom for further proceedings. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Walla Walla address . Modified on 3/10/2014 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. C12-5111 RJB/KLS

RONALD HOLTZ,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
MARTHA KARR, MARVIN SPENCER,
SGT. BRASWELL, DANNY OTA, M.
JOURNEY, RICHARD ODEGARD,
PIERCE COUNTY, PIERCE COUNTY
SHERIFF DEPARTMENT, PAT KELLY,
VINCENT GOLDSMITH, MARY
SCOTT, SHARLA JAMESHUTCHISON,
Defendant.
This matter comes before the court on the Report and Recommendation of the United

19 States Magistrate Judge Karen L. Strombom (Dkt. 100) that Defendants’ Second Rule 12(b)(6)
20 Motion to Dismiss for Failure to State a Claim (Dkt. 90) should be denied as to plaintiff’s First
21 Amendment religious claims, and granted as to the remainder of the claims. The parties were
22 given until February 14, 2014 to file objections. Dkt. 100 at 12. On February 18, 2014, plaintiff
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ORDER ADOPTING REPORT AND
RECOMMENDATION- 1

1 filed his objections (Dkt. 103). Plaintiff’s objections are similar to the arguments he initially
2 presented to the magistrate judge and are without merit.
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The Court, having reviewed the Report and Recommendation of United States Magistrate

4 Judge Karen L. Strombom (Dkt.100), and the remaining record, does hereby find and ORDER:
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(1)

Plaintiff’s Objections (Dkt. 103) are without merit. The Report and

6 Recommendation is ADOPTED.
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(2)

Defendants’ Second Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim

8 (Dkt. 90) is DENIED as to: First Amendment religious claims against defendant Pierce County
9 only.
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(3)

The remainder of Defendants’ Second Rule 12(b)(6) Motion to Dismiss for

11 Failure to State a Claim (Dkt. 90) is GRANTED. The remainder of plaintiff’s claims are
12 DISMISSED with prejudice.
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(4)

Plaintiff’s Motion to Supplement the Amended Complaint (Dkt. 94), Motion for

14 Extension of Time (Dkt. 95), and Objection to Defendant’s Motion to Dismiss (Dkt. 96) are
15 DENIED.
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(5)

This matter is RE-REFERRED to Magistrate Judge Karen L. Strombom for

17 further proceedings.
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The Clerk is directed to send uncertified copies of this Order to all counsel of record and

19 to any party appearing pro se at said party’s last known address.
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Dated this 10th day of March, 2014.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION- 2