McGary v. Cunningham et al

Filing 75

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 70 Objections to Report and Recommendation filed by Bruce Duthie, Kelly Cunningham, Don Gauntz, Jeff Cutshaw, Holly Coryell, Ed Young, Jay Inslee, James Buder, Reginald Woods, 72 Objection s to Report and Recommendation filed by Darnell McGary; State defendants' motion to dismiss 44 is granted in part and denied in part; Defendants Buder and Inslee are dismissed with prejudice; Defendant Cunningham's motion to dismiss is denied. Signed by Judge Ronald B. Leighton. (DN) Modified on 11/1/2013 (DN). (cc to pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DARNELL MCGARY,

ORDER

v.

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KELLY CUNNINGHAM et al.
Defendants.

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CASE NO. C13-5130 RBL-JRC

Plaintiff,

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The Court having reviewed the Report and Recommendation of the Hon. J. Richard
Creatura, objections to the Report and Recommendation, if any, and the remaining record, does
hereby find and Order:
(1)

The Court adopts the Report and Recommendation;

(2)

The State defendants’ motion to dismiss, ECF No 44, is granted in part
and denied in part consistent with the Report and Recommendation.
Defendants Buder and Inslee are dismissed from this action with
prejudice. Defendant Cunningham’s motion to dismiss is denied.

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DATED this 1st day of November, 2013.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER - 1