Delavergne v. Washington State Department of Corrections et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 13 Objections to Report and Recommendation filed by Kim Robert Delavergne. (TG; cc mailed to plaintiff)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 KIM ROBERT DELAVERGNE, 8 9 Plaintiff, CASE NO. C13-5703 BHS ORDER ADOPTING REPORT AND RECOMMENDATION v. 10 WASHINGTON STATE DEPARTMENT 11 OF CORRECTIONS, et al., Defendants. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 12), and 15 Plaintiff Kim Robert Delavergne’s (“Delavergne”) objections to the R&R (Dkt. 13). 16 On September 9, 2013, Judge Strombom issued the R&R recommending that the 17 Court dismiss Delavernne’s complaint without prejudice because it is frivolous and fails 18 to state a claim. Dkt. 12. On October 2, 2013, Delavergne filed objections repeating the 19 substance of his alleged wrongs but failing to perfect the deficiencies in his complaint. 20 Dkt. 13. Therefore, the Court having considered the R&R, Delavergne’s objections, and 21 the remaining record, does hereby find and order as follows: 22 ORDER - 1 1 (1) The R&R is ADOPTED; and 2 (2) This action is DISMISSED without prejudice. 3 Dated this 19th day of November, 2013. A 4 5 BENJAMIN H. SETTLE United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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