Spencer v. Department of Corrections et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION re 8 Report and Recommendation, 9 Objections to Report and Recommendation filed by Blackwell Spencer. Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BLACKWELL SPENCER,
Plaintiff,

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v.

CASE NO. C12-6026 RJB
ORDER ADOPTING REPORT AND
RECOMMENDATION DISMISSING
ACTION FOR FAILURE TO STATE
A CLAIM

DEPARTMENT OF CORRECTIONS
et al.
Defendants.

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This matter comes before the Court on the Report and Recommendation of Honorable J.
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Richard Creatura, United States Magistrate Judge. Dkt. 8. The Magistrate Judge recommends
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that this 42 U.S.C. § 1983 civil rights action be dismissed for failure to state a claim. Dkt. 8.
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Plaintiff has filed an objection in which he does not dispute the analysis of the Magistrate Judge,
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but requests additional time to research his case. Dkt. 9. The Court has considered the Report
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and Recommendation, Plaintiff’s objections, and the remaining record.
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As detailed in the Report and Recommendation, the allegations in Plaintiff’s complaint
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do not allege a violation of a constitutional right. Dkt. 8 pp. 1-2. The Court entered an order to
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ORDER ADOPTING REPORT AND
RECOMMENDATION DISMISSING ACTION
FOR FAILURE TO STATE A CLAIM- 1

1 show cause order allowing Plaintiff the opportunity to cure his complaint or demonstrate
2 why this action should not be dismissed for failure to state a claim. Dkt. 5. Plaintiff’s
3 response was unpersuasive. Dkt. 8 pp, 2-3. Nor is Plaintiff’s request for additional time.
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The Court, having reviewed the Report and Recommendation, the objections thereto

5 and the remaining record, does hereby find and ORDER:
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1. The Court adopts the Report and Recommendation (Dkt. 8);
2. Plaintiff’s request for additional time (Dkt. 9) is DENIED.
3. This action is DISMISSED prior to service for failure to state a claim. The
dismissal is a strike as defined in 28 U.S.C. § 1915(g).
4. The Clerk is directed to send copies of this Order to Plaintiff, counsel for any

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Defendants who have appeared, and to the Hon. J. Richard Creatura.
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Dated this 5th day of February, 2013.

A
ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION DISMISSING ACTION
FOR FAILURE TO STATE A CLAIM- 2