Williams v. Thurston County Jail's Classification et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 11 Objections to Report and Recommendation filed by Collins Sylvester Williams, Jr. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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COLLINS SYLVESTER WILLIAMS,
8 JR.,
Plaintiff,

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10 v.

CASE NO. C14-5565 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

11 THURSTON COUNTY,
Defendant.

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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. 10), and
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Plaintiff Collins Sylvester Williams, Jr.’s (“Williams”) objections to the R&R (Dkt. 11).
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On July 15, 2014, Williams filed a motion to proceed in forma pauperis and a
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proposed complaint. Dkt. 1. On August 8, 2014, Judge Creatura sua sponte reviewed the
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complaint, identified deficiencies in the complaint, and ordered Williams to file a new
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complaint. Dkt. 7. On August 19, 2014, Williams filed an amended complaint. Dkt. 8.
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On September 8, 2014, Judge Creatura issued the R&R recommending that the Court
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ORDER - 1

1 dismiss the amended complaint because Williams failed to state a claim. Dkt. 10. On
2 September 16, 2014, Williams filed objections. Dkt. 11.
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The district judge must determine de novo any part of the magistrate judge’s

4 disposition that has been properly objected to. The district judge may accept, reject, or
5 modify the recommended disposition; receive further evidence; or return the matter to the
6 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, Williams has failed to correct the identified deficiencies in his

8 complaint with either his amended complaint or his objections. Judge Creatura
9 specifically informed Williams that, in order to state a claim against Defendant Thurston
10 County, Williams must identify a specific policy that led to the deprivation of his
11 constitutional rights. Dkts. 7 & 10. Williams has failed to identify any applicable policy.
12 Therefore, the Court having considered the R&R, Williams’s objections, and the
13 remaining record, does hereby find and order as follows:
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(1)

The R&R is ADOPTED;

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(2)

Williams’s amended complaint is DISMISSED; and

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(3)

The Clerk shall close this case.

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Dated this 4th day of November, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2