Milam v. Noble et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 10 Objections to Report and Recommendation filed by Michael D Milam. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL D. MILAM,

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Plaintiff,

CASE NO. C14-5828 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
SHAWN NOBLE, et al.,

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Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

14 of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 9), and
15 Plaintiff Michael Milam’s (“Milam”) objections to the R&R (Dkt. 10).
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On December 5, 2014, Judge Creatura issued the R&R recommending that the

17 Court dismiss Milam’s complaint for failure to comply with a court order. Dkt. 9. Judge
18 Creatura had previously ordered Milam to inform the Court whether the actions
19 complained of resulted in a conviction, which is necessary information to assess whether
20 Milam’s complaint asserts a cognizable action under 42 U.S.C. § 1983. Id. Although
21 Milam did reply to Judge Creatura’s earlier order, Milam failed to provide the requested
22 information. Id. On December 10, 2014, Milam objected to the R&R but again failed to

ORDER - 1

1 state whether the alleged actions resulted in a conviction. Dkt 10. The Court finds that
2 the objections are without merit because they do not relate to the relevant issue of
3 information regarding a conviction.
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Therefore, the Court having considered the R&R, Milam’s objections, and the

5 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)

This action is DISMISSED.

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Dated this 8th day of January, 2015.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2