Mahone v. McCarthy et al

Filing 56

ORDER ON REMAINING CLAIMS by Judge J Richard Creatura. Plaintiff has failed to amend his claim alleging a failure to train and claims asserting ADA and RA violations by the deadline imposed by the Court. This case is proceeding on plaintiffs two remaining claims. (MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SYLVESTER JAMES MAHONE,

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Plaintiff,

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ORDER ON REMAINING CLAIMS

v.
PAT MCCARTHY et al.,
Defendants.

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CASE NO. 3:14-CV-05812-BHS-JRC

This 42 U.S.C. §1983 civil rights matter has been referred to the undersigned Magistrate
Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1,
MJR 3, and MJR 4.
On September 22, 2015, defendants’ motion to dismiss (Dkt. 27) was granted as to all of
plaintiff’s claims except his Eighth Amendment claims for deliberate indifference as to
plaintiff’s safety and deliberate indifference as to plaintiff’s medical needs. Dkt. 51. However,
plaintiff was given leave to amend his claim alleging a failure to train and claims asserting
violations of the Americans with Disabilities (ADA) and Rehabilitation Act (RA). Id. Plaintiff
has failed to amend his claim alleging a failure to train and claims asserting ADA and RA

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ORDER ON REMAINING CLAIMS - 1

1 violations by the deadline imposed by the Court. See Dkts. 47, 51, Dkt. entry dated September
2 22, 2015. Thus, this case is proceeding on plaintiff’s two remaining claims: (1) failure to take
3 reasonable steps to protect plaintiff’s safety against defendants McCarthy, Parker, Pastor,
4 Daniels, Spencer, Karr and Carn; and (2) failure to provide adequate medical care against
5 defendant Balderoma.
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Dated this 2nd day of November, 2015.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON REMAINING CLAIMS - 2