Richey v. Warner et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 24 Objections to Report and Recommendation filed by Thomas WilliamSinclair Richey. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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THOMAS WILLIAMSINCLAIR
8 RICHEY,
Plaintiff,

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10 v.

CASE NO. C14-5159 BHS-JRC
ORDER ADOPTING REPORT
AND RECOMMENDATION

11 BERNARD WARNER, et al.,
Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”)
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of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 23), and
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Plaintiff Thomas Williamsinclair Richey’s (“Richey”) objections to the R&R (Dkt. 24).
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On May 16, 2014, Judge Creatura issued the R&R recommending that the Court
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deny Richey’s motion for a temporary restraining order because, in part, Richey has
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failed to show the denial of a basic human need such as food or shelter. Dkt. 23. On
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May 23, 2014, Richey filed objections arguing that he suffers an irreparable injury every
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time another prisoner is provided “free, extra food . . . .” Dkt. 24 at 2. The Court
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ORDER - 1

1 disagrees with Richey and concludes that the denial of free extra food is not an
2 irreparable injury sufficient to justify preliminary relief.
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Therefore, the Court having considered the R&R, Richey’s objections, and the

4 remaining record, does hereby find and order as follows:
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(1)

The R&R is ADOPTED; and

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(2)

Richey’s motion for preliminary relief (Dkt. 7) is DENIED.

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Dated this 24th day of June, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2