Garrison v. State of Washington Department Corrections

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 36 Report and Recommendations. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT W. GARRISON,
Plaintiff,

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ORDER ADOPTING REPORT
AND RECOMMENDATION

v.

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CASE NO. C12-5396 BHS-JRC

STATE OF WASHINGTON
DEPARTMENT CORRECTIONS, et al.,

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Defendants.

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

13 of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 36. The Court
14 having considered the R&R and the remaining record, and no objections having been
15 filed, does hereby find and order as follows:
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(1)

The Court adopts the Report and Recommendation.

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(2)

The Court grants Defendants’ motion to dismiss as to all claims

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except the retaliation claim. Plaintiff may file an amended complaint

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if he feels he has facts showing a violation of his Eighth Amendment

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rights.
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(3)

The Court grants Defendants’ motion for a more definite statement

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regarding the retaliation claim. Plaintiff will file an amended

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complaint that cures the defects noted in the Report and

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ORDER - 1

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Recommendation on this claim. Plaintiff has thirty days from entry

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of this order to comply.

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(4)

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The Court denies Defendants’ motion to stay discovery. Defendants
have not raised the affirmative defense of qualified immunity and

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they may not rely on cases where qualified immunity barred

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discovery. Further, Plaintiff may need discovery in order to comply
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with the order to file an amended complaint.
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DATED this 5th day of June, 2013.

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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2