Fisher v. Department of Corrections et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 25 Objections to Report and Recommendation filed by Curtis B Fisher. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CURTIS B. FISHER,
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Plaintiff,
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CASE NO. C14-5474 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
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BERNIE WARNER, DAN J. PACHOLKE,
7 MIKE OBENLAND,

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 Karen L. Strombom, United States Magistrate Judge (Dkt. 24), and
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Plaintiff Curtis Fisher’s (“Fisher”) objections to the R&R (Dkt. 25).
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On February 2, 2015, Judge Strombom issued the R&R recommending that the
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Court deny Fisher’s motion for summary judgment and grant Defendants Mike Obenland,
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Dan Pacholke, and Bernie Warner’s (“Defendants”) motion for summary judgment. Dkt.
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24. On February 20, 2015, Fisher filed objections. Dkt. 25.
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The district judge must determine de novo any part of the magistrate judge’s
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disposition that has been properly objected to. The district judge may accept, reject, or
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modify the recommended disposition; receive further evidence; or return the matter to the
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magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, Fisher objects to Judge Strombom’s R&R with the same arguments
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that were presented to and rejected by Judge Strombom. The issue of law in this case is
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ORDER - 1

1 whether it is a constitutional violation to preclude a visitor from being on two inmates’
2 approved visitors lists when that visitor is not an immediate family member of both
3 inmates. Fisher, and his fiancée Julia Scott, made numerous requests for an exception to
4 the prison’s rule that Ms. Scott is barred from being on both Fisher’s approved visitors
5 list and Ms. Scott’s son’s approved visitors list. Prison officials denied every request.
6 Fisher eventually filed this civil rights action. Judge Strombom thoroughly addressed
7 each of Fisher’s constitutional claims and concluded that neither the prison’s rule nor the
8 prison officials’ denials of Fisher’s requests for an exception violated any constitutional
9 right. Moreover, Fisher has failed to offer any reasonable alternatives that would result in
10 only a de minimus burden on the institution. The Court finds no reason to add any further
11 analysis to Judge Strombom’s R&R. Therefore, the Court having considered the R&R,
12 Fisher’s objections, and the remaining record, does hereby find and order as follows:
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(1)

The R&R is ADOPTED;

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(2)

Fisher’s motion for summary judgment is DENIED;

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(3)

Defendants’ motion for summary judgment is GRANTED;

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(4)

Fisher’s in forma pauperis status is REVOKED for appeal; and

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(5)

This action is DISMISSED.

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Dated this 20th day of March, 2015.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2