McGary v. Cunningham et al

Filing 104

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 77 Denying the motion for injunctive relief, 78 Granting in part and denying in part the Motion to Dismiss. Signed by Judge Ronald B. Leighton. (DN) Modified on 5/22/2014 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DARNELL O MCGARY,

CASE NO. C13-5130 RBL-JRC

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Plaintiff,
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ORDER ADOPTING REPORT AND
RECOMMENDATIONS

v.
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KELLY CUNNINGHAM,
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Defendant.
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The Court, having reviewed the petition, the Report and Recommendation of United

15 States Magistrate Judge J. Richard Creatura, objections to the Report and Recommendation, if
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1. The Court adopts both Report and Recommendations presented (Dkt. # 77, 78).

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2. The motion for injunctive relief (Dkt. # 54) is DENIED;

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3. The motion to dismiss (Dkt. # 46) is GRANTED in part and DENIED in part; the part

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of the motion based on absolute immunity is granted, the Court denies the motion as to

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other arguments raised.

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ORDER ADOPTING REPORT AND
RECOMMENDATIONS- 1

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4. The Clerk is directed to send copies of this Order to plaintiff, defendant’s counsel, and to

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United States Magistrate Judge J. Richard Creatura.

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Dated this 22nd day of May, 2014.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER ADOPTING REPORT AND
RECOMMENDATIONS- 2